Crew Boat and Supply Vessel Injuries

Baton Rouge Injury Lawyers

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Crew Boat and Supply Vessel Injuries

Baton Rouge Injury Lawyers

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CREW BOAT AND SUPPLY VESSEL INJURIES

INFORMATION AND WHAT TO DO

Crew Boats, also known as Fast Supply Vessels, transport personnel and equipment to various oil rigs, jack-ups, self-propelled MODU’s and platforms that exist offshore. Even with technological advances, such as twin hull designs, wider, more stable work decks allowing the vessel to hold station in extreme weather conditions, or Dynamic Positioning systems integrated with proprietary position reference and environmental sensor systems, nonetheless, like most maritime operations, working on a crew boat is still potentially dangerous. Lack of maintenance of stairs, railings, equipment on the crew boats, or just poor work decisions made by the boat owner or captain can create a hazardous work environment when working in the Gulf of Mexico and along the coastlines throughout Louisiana.

Louisiana Crew and Supply Vessel

Water taxis and delivery boats of the offshore oil and gas industry are referred to as a crew and supply vessels. A typical boat will carry a deckhand, emgenieer, cook, tanker man and captain while shuttling workers from shore terminals throughout Louisiana, including Port Fourchon, Houma, Morgan City, Intracoastal City and Cameron to platforms and rigs offshore in the Gulf of Mexico. Failing to matin and operate crew and supply vessels safely, can hold these boats owners liable.

Common Risks for Injuries on Crew and Supply Vessels

  • Gangway and accommodation ladders can be slippery even in non-slip walkways
  • Billy Pugh Basket, Personnel Transfer Capsule and Esvagt Devices being loaded beyond certified safe working loads
  • Raised or dropped load on the deck
  • Crane Block not properly marked for visibility
  • Adequate amount of crew members and cargo handlers on the OSV

Safety Requirements

  • Highly visible protective equipment
  • Hard Hats
  • Protective boots
  • Safety glasses
  • Life Jackets
  • Proper training

Who We Represent

If you are a seaman, longshoreman an offshore worker and have sustained a serious injury on a crew boat or supply boat through the fault of a careless employer or another crew member, then you may have legal rights to claim compensation for your injuries under the federal maritime law. Please speak to a qualified maritime lawyer before speaking to your employer or any insurance company adjuster. The knowledgeable maritime attorneys at Murphy Law Firm have represented boating and maritime injuries throughout the state. Whether its a fast speed boats in the lakes of Louisiana or charter vessel on the Mississippi or in the Gulf, Murphy Law Firm can help you defend your rights. The maritime industry involves many types of jobs, including offshore drilling workers, longshoremen, transportation workers, and ship owners. If you work offshore, you may have be covered by the Jones Act or the Longshore and Harbor Worker’s Compensation Act. In the event of an on board injury, the Jones Act can entitle you to significantly more compensation than you would receive from the Louisiana worker’s compensation system.

If you are a longshoreman, maritime transporter, offshore drilling employee, or any other type of maritime employee, it is vital to know your legal protections and rights as an employee if you suffer an injury on the job. Our lawyers will work diligently to help you obtain all of the maintenance and cure benefits you are entitled to receive. If the owner of the boat failed to provide equipment necessary for the operation of the vessel, we may be able to obtain additional compensation through an unseaworthiness claim. At Murphy Law From we know the laws protecting the employment status of American maritime workers and understand the economic impact the industry has on the nation as a whole.

Murphy Law Firm represents clients injured while working in the maritime industry or who have suffered injuries in maritime employment positions due to the negligence of other parties. We know how daunting it can be to imagine taking on large corporations or even government agencies in a legal battle, but our reputation speaks for itself in this regard. We do not back down form complex litigation and we go the extra mile to protect our clients rights and health. 

It is critical for injured maritime employees to secure reliable legal representation after any maritime work-related injury.

Jones Act

The Jones Act protects American employees in several ways. First, the Jones Act is a federal law prohibiting any foreign vessel or any foreign flagged vessel from conducting any type of coastwise trade in the United States. The law not only applies to waterborne commercial vessels, but the Passenger Services Act included in the statute also covers passenger transportation vessels, and the statute places similar restrictions on fishing operations. This portion of the Jones Act protect American employment opportunities.

Negligence under Maritime Law

Another important function of the Jones Act applies to employees’ relationships with their employers. Prior to the jones Act, employees aboard seafaring vessels had little legal protection in the event of a workplace injury or other legal matter. The Jones Act allows injured maritime industry employees to seek compensation through personal injury claims against negligent employers.

Some examples of employer negligence under the maritime law include:

  • Failure to maintain a safe seafaring vessel. This could include skipped inspections, disrepair, or failure to keep necessary safety equipment onboard
  • Faillure to maintain the vessel's appliances, causing injury or other damage to plaintiff
  • Unethical or inappropriate hiring practices or failing to perform appropriate background and job competence checks on employees
  • Failure to avoid traveling through dangerous weather
  • Assaults by fellow crew members
  • Giving negligent orders to crew members
  • Mandatory overtime practices
  • Failure to rescue overboard crew members
  • Failure to provide medical care to injured crew members
  • Failure to supervise during the course of work

The Death on the High Seas Act

This federal statue functions as a wrongful death law for seamen killed in international waters, or incidents caused by unseaworthiness. Some airplane crashes that occur over international water may fall under the purview of the Death on the High Seas Act as well. Wrongful death claims a blow the surviving family members of a deceased individual to seek compensation if the death occurred due to negligence.

Longshore and Harbor Workers Act

This federal statute applies to employees who work in the navigable water of the United States or in shipbuilding facilities connected to these waters. The Longshore and Harbor Workers Act provides compensation for employees who suffer permanent disabilities from on the job injuries. This law also allows the surviving family members of a deceased employee to claim survivor benefits from the deceased’s employer. Longshore workers, shipbuilders, ship maintenance technicians, harbor construction workers, and ship-breakers should all know and understand this law in case a catastrophic injury occurs at work.

Employer Negligence

Sometimes the entity that owns the ferry is not the same as the company that employs ferry workers.

Manufacturing Defects

Equipment unfit for operation jeopardizes the safety of ferry workers and can cause injuries--possibly life-threatening ones.

Bad Weather

Ferries in Louisiana have to navigate some dangerous waters, especially around hurricane season. You might assume no one is at fault when bad weather causes a ferry accident, but your employer might be. If conditions were so bad as to foreseeable cause an accident, the ferry should not have run. Lack of taking proper precautions could contribute to weather-related accidents and injuries.

You my also be able to hold the government liable for your injuries if you work on a city-authority operated ferry. For example, the New Orleans Regional Transit Authority now owns several ferries in the region. Keep in mind that you will have to determine fault, identify a defendant, and prove negligence if you want to pursue damages. Maritime workers do not qualify for workers’ compensation like land-based workers. The Jones Act protects maritime workers.

Shipowner's Liability Convention

Any person aboard any non-military vessel falls under the Shipowner’s Liability Convention. This law states the shipowners are liable for any sickness or injury to passengers or crew while at sea. Shipowners must provide medical care and the sick or injured individual must agree to a medical screening and care. Shipowners can escape this liability if the sick or injured person caused his or her own state or misbehaved aboard the vessel in some way that contribute to the sickness or injury.

Outer Continental Shelf Lands Act

The employees working in Louisiana’s many ports will likely fall under the purview of the Outer Continental Shelf Lands Act (OCSLA). The territory of the United States does not end at the beach. The United States maintains ownership and sovereignty over the coastal waters extending three miles from the shorelines. These waters contain many of the United States’ natural ga and oil deposits, and the OCSLA applies to maritime cases involved in offshore drilling incidents. The OCSLA includes several amendments resulting from the Energy Policy Act and also requires oil spill liability funds for coastal states.

Maritime Accidents in Louisiana

Although Louisiana and the rest of the United States rely heavily on the maritime industry, it is an unfortunate fact that working in most maritime occupations entails a degree of risk. When maritime accidents happen to Louisiana maritime workers, Murphy Law Firm can help. We have years of experience handling cases for one of the biggest industries in the state –  and our past cases haver included tugboat accidents, deckhand injury claims, cruise ship injuries, oil platform accidents, diving accidents, and much more.

Maritime law like Jones Act, the OCSLA, and Shipowners’ Liability Convention allow injured plaintiffs to recover several types of damages, including:

Medical Expenses

The plaintiff can sue for all medical expenses resulting from the defendant's negligence. This includes hospital bills, rehabilitation cost, prescriptions, medical devices, and emergency transportation fees.

Disability benefits

Injures plaintiffs can often seek compensation after sustaining permanently disabling injuries or from developing a permanent disability through the course of work.

Pain and suffering

Maritime law allows injured plaintiffs to recover compensation for the physical pain, mental suffering, and emotional distress caused by the defendant's negligence.

Loss of income

Injured employees can sue for the income they would have earned had the incident in question not occurred. If the plaintiff is unable to work in the futures, he or she may be unable to sue for the wages he or she would have reasonably expected to earn in the future.

Property damage

Plaintiffs can sue for personal property destroyed or damaged by defendants.

We Can Stand Up To Your Employer

Wage disputes are common in any industry, including maritime work. We represent all types of maritime workers such as commercial fishermen, oil rigs workers, deckhand, tug and barge workers, ferry workers, riverboat workers, mates, cooks, cruise ship employees and others.

Crew wage claims may include issues such as:

  • Failure to pay wages in a timely manner
  • Failure to pay you for all hours worked
  • Withheld overtime

In some cases, you may be eligible for damages in addition to your wages.

Injury lawyers at Murphy Law Firm have extensive experience handling maritime cases in Baton Rouge, Grand Isle, Port Fourchon, Lake Pontchartrain, Lake Borgne and throughout Louisiana. Maritime lawsuits fall under one or more federal statutes, and anyone seeking legal representation for cases under these laws needs confidence in their attorney’s experience with similar cases.  “Don’t Be A Victim Twice”.

It is vital to seek representation from an attorney with experience and resources (experts, investigators, skilled staff) necessary for handling a potentially complex maritime lawsuit. The maritime industry is one of the pillars of Louisiana’s economy with a tremendous impact on the nation as a whole. When shipowners or supervisors fail to mantain a safe working environment for their employees, crew, or passengers, Murphy Law Firm can help hold them accountable for the damage they cause. Reach out to our team today, Call Murphy Law Firm at 225-928-8800 to schedule a free case evaluation for your Louisiana maritime claim.

Article 1
  1. 1. This Convention applies to all persons employed on board any vessel, other than a ship of war, registered in a territory for which this Convention is in force and ordinarily engaged in maritime navigation.
  2. 2. Provided that any Member of the International Labour Organisation may in its national laws or regulations make such exceptions as it deems necessary in respect of–
    • (a) persons employed on board,
      • (i) vessels of public authorities when such vessels are not engaged in trade;
      • (ii) coastwise fishing boats;
      • (iii) boats of less than twenty-five tons gross tonnage;
      • (iv) wooden ships of primitive build such as dhows and junks;
    • (b) persons employed on board by an employer other than the shipowner;
    • (c) persons employed solely in ports in repairing, cleaning, loading or unloading vessels;
    • (d) members of the shipowner’s family;
    • (e) pilots.
Article 2
  1. 1. The shipowner shall be liable in respect of–
    • (a) sickness and injury occurring between the date specified in the articles of agreement for reporting for duty and the termination of the engagement;
    • (b) death resulting from such sickness or injury.
  2. 2. Provided that national laws or regulations may make exceptions in respect of–
    • (a) injury incurred otherwise than in the service of the ship;
    • (b) injury or sickness due to the wilful act, default or misbehaviour of the sick, injured or deceased person;
    • (c) sickness or infirmity intentionally concealed when the engagement is entered into.
  3. 3. National laws or regulations may provide that the shipowner shall not be liable in respect of sickness, or death directly attributable to sickness, if at the time of engagement the person employed refused to be medically examined.
Article 3

For the purpose of this Convention, medical care and maintenance at the expense of the shipowner comprises–

  • (a) medical treatment and the supply of proper and sufficient medicines and therapeutical appliances; and
  • (b) board and lodging.
Article 4
  1. 1. The shipowner shall be liable to defray the expense of medical care and maintenance until the sick or injured person has been cured, or until the sickness or incapacity has been declared of a permanent character.
  2. 2. Provided that national laws or regulations may limit the liability of the shipowner to defray the expense of medical care and maintenance to a period which shall not be less than sixteen weeks from the day of the injury or the commencement of the sickness.
  3. 3. Provided also that, if there is in force in the territory in which the vessel is registered a scheme applying to seamen of compulsory sickness insurance, compulsory accident insurance or workmen’s compensation for accidents, national laws or regulations may provide–
    • (a) that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical benefits under the insurance or compensation scheme;
    • (b) that the shipowner shall cease to be liable from the time prescribed by law for the grant of medical benefits under the insurance or compensation scheme to the beneficiaries of such schemes, even when the sick or injured person is not covered by the scheme in question, unless he is excluded from the scheme by reason of any restriction which affects particularly foreign workers or workers not resident in the territory in which the vessel is registered.
Article 5
  1. 1. Where the sickness or injury results in incapacity for work the shipowner shall be liable–
    • (a) to pay full wages as long as the sick or injured person remains on board;
    • (b) if the sick or injured person has dependants, to pay wages in whole or in part as prescribed by national laws or regulations from the time when he is landed until he has been cured or the sickness or incapacity has been declared of a permanent character.
  2. 2. Provided that national laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a person no longer on board to a period which shall not be less than sixteen weeks from the day of the injury or the commencement of the sickness.
  3. 3. Provided also that, if there is in force in the territory in which the vessel is registered a scheme applying to seamen of compulsory sickness insurance, compulsory accident insurance or workmen’s compensation for accidents, national laws or regulations may provide–
    • (a) that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to cash benefits under the insurance or compensation scheme;
    • (b) that the shipowner shall cease to be liable from the time prescribed by law for the grant of cash benefits under the insurance or compensation scheme to the beneficiaries of such schemes, even when the sick or injured person is not covered by the scheme in question, unless he is excluded from the scheme by reason of any restriction which affects particularly foreign workers or workers not resident in the territory in which the vessel is registered.
Article 6
  1. 1. The shipowner shall be liable to defray the expense of repatriating every sick or injured person who is landed during the voyage in consequence of sickness or injury.
  2. 2. The port to which the sick or injured person is to be returned shall be–
    • (a) the port at which he was engaged; or
    • (b) the port at which the voyage commenced; or
    • (c) a port in his own country or the country to which he belongs; or
    • (d) another port agreed upon by him and the master or shipowner, with the approval of the competent authority.
  3. 3. The expense of repatriation shall include all charges for the transportation, accommodation and food of the sick or injured person during the journey and his maintenance up to the time fixed for his departure.
  4. 4. If the sick or injured person is capable of work, the shipowner may discharge his liability to repatriate him by providing him with suitable employment on board a vessel proceeding to one of the destinations mentioned in paragraph 2 of this Article.
Article 7
  1. 1. The shipowner shall be liable to defray burial expenses in case of death occurring on board, or in case of death occurring on shore if at the time of his death the deceased person was entitled to medical care and maintenance at the shipowner’s expense.
  2. 2. National laws or regulations may provide that burial expenses paid by the shipowner shall be reimbursed by an insurance institution in cases in which funeral benefit is payable in respect of the deceased person under laws or regulations relating to social insurance or workmen’s compensation.
Article 8

National laws or regulations shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased persons to whom this Convention applies.

Article 9

National laws or regulations shall make provision for securing the rapid and inexpensive settlement of disputes concerning the liability of the shipowner under this Convention.

Article 10

The shipowner may be exempted from liability under Articles 4, 6 and 7 of this Convention in so far as such liability is assumed by the public authorities.

Article 11

This Convention and national laws or regulations relating to benefits under this Convention shall be so interpreted and enforced as to ensure equality of treatment to all seamen irrespective of nationality, domicile or race.

Article 12

Nothing in this Convention shall affect any law, award, custom or agreement between shipowners and seamen which ensures more favourable conditions than those provided by this Convention.

Article 13
  1. 1. In respect of the territories referred to in Article 35 of the Constitution of the International Labour Organisation, each Member of the Organisation which ratifies this Convention shall append to its ratification a declaration stating–
    • (a) the territories in respect of which it undertakes to apply the provisions of the Convention without modification;
    • (b) the territories in respect of which it undertakes to apply the provisions of the Convention subject to modifications, together with details of the said modifications;
    • (c) the territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;
    • (d) the territories in respect of which it reserves its decision.
  2. 2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.
  3. 3. Any Member may by a subsequent declaration cancel in whole or in part any reservations made in its original declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1 of this Article.
Article 14

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Article 15
  1. 1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
  2. 2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
  3. 3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.
Article 16

As soon as the ratifications of two Members of the International Labour Organisation have been registered, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of ratifications which may be communicated subsequently by other Members of the Organisation.

Article 17
  1. 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
  2. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 18

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 19
  1. 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
    • (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 17 above, if and when the new revising Convention shall have come into force;
    • (b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
  2. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 20

The French and English texts of this Convention shall both be authentic.

https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C055

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