A man who was injured while working offshore for the Texan marine support company Seacor Marine has filed a lawsuit against the company, citing negligence and vessel unseaworthiness. The man was performing his maintenance duties inside the engine room of the Seacor Marine vessel, the NRC Liberty when he was struck in the head by an exhaust pipe which had come loose from the rest of the engine block.
The injured seamen reported the incident to management at Seacor Marine, and was treated onboard the vessel by the Seacor Marine official medical doctor. However, the worker alleges that we did not receive adequate care and that the company did not take his report seriously. He is now filing a lawsuit accusing Seacor of gross negligence, and the NRC Liberty he was on for unseaworthiness, and is seeking punitive damages and additional compensation.
The plaintiff is legally protected under the Jones Act, a federal statute that protects maritime workers in the United States. According to this act, if an offshore worker is injured on navigable waters around the United States, while he is performing his duties or participating in the vessel’s operation, he has a right to file a lawsuit against his employer in the case of injury or death.
A suit under the Jones Act can be filed if the seaman who was injured can provide evidence that the ship owner or company under which he is employed was negligent in any way, or if the vessel was unseaworthy. As the sailor in this case was performing his work duties at the time of the incident, he is within his rights to sue Seacor under the Jones Act.
As well as sustaining injuries to his neck and back, the sailor is also suffering from emotional trauma and distress, which has lead to him being unable to work and a subsequent loss of income. For these reasons, he is claiming compensation for both his medical expenses as well as his lost earnings.
According to the plaintiff, the company and crew were also negligent with regard to the incident – after it had occurred, the crew continued working and the company have taken no measures to deal with the possibly unsafe environment within the engine room. The plaintiff is concerned that further employees may be similarly injured if measures are not taken. For this complaint, he is seeking punitive damages for gross negligence and disregard for crew safety.
