Maritime workers face many risks on the job, but unsafe vessels present unnecessary dangers. The law protects workers by allowing them to file unseaworthiness claims. Understanding these claims can help injured workers take action.
What is an unseaworthiness claim?
An unseaworthiness claim happens when a vessel is unfit for its intended use, leading to injury. This does not mean the vessel has to be sinking or completely broken. Even small issues, like faulty equipment or a lack of proper safety gear, can make a vessel unseaworthy.
What are the common causes of unseaworthiness?
Many situations can make a vessel unseaworthy:
- Faulty or broken equipment: Tools, machinery, and safety devices must be in good condition. If they fail and cause injury, the vessel may be unseaworthy.
- Slippery or unsafe surfaces: Decks must be free from hazards like oil spills, loose boards, or uneven surfaces. Workers can slip and fall if these dangers are present.
- Lack of proper safety gear: Workers need life vests, helmets, and other protective equipment. If these are missing or defective, the vessel is unsafe.
- Understaffed or untrained crew: A vessel must have enough trained workers to handle operations. If there are not enough crew members or they do not know how to perform their duties, this can create dangerous conditions.
Vessel owners are responsible for maintaining a seaworthy craft. Any of these circumstances may permit an unseaworthiness claim.
What can maritime workers do?
Maritime workers who believe they sustained injuries due to unseaworthiness should take action. First, they should report the unsafe condition as soon as possible. Documentation is important, so they should take pictures and write down details of what happened. They should also get medical attention right away, even if the injury seems minor.
Keeping records of medical treatment and work conditions can help prove a claim. Workers should also check their employment records to confirm their roles and duties on the vessel. The more evidence they have, the stronger their case will be for an unseaworthiness claim.