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Inadequate Training or Safety Measures
The maritime industry is one of the most dangerous industries in which to work. Therefore, Congress has passed legislation to ensure the safety of maritime employees. Between Coast Guard regulations, maritime OSHA guidelines, the Jones Act, the Longshoremen and Harbor Workers' Compensation Act (LHWCA), and general maritime law, maritime employers have been charged with a specific duty of care towards their employees – especially when it comes to creating a safer work environment through proper safety measures and adequate training.
A maritime employer is liable for any injury resulting from a lack of training or failure to implement proper safety measures as defined by agencies such as the Coast Guard and OSHA. The absence of preventative action is considered negligence. An experienced maritime accident lawyer serving Washington, Oregon, California, and Alaska can explore the circumstances surrounding your maritime injury to determine if the absence of training or safety measures was a factor in the cause of your injury making your employer or the vessel owner liable.
Attorneys for Injury Due to Inadequate Training in Washington, Oregon, Alaska, and California
Maritime injury cases involving a deficiency in training or safety measures often appear, on the surface, to be due to human error. Proving the maritime company's negligence is a lengthy, complicated process. The qualified Washington, Oregon, California, and Alaska maritime injury attorneys of Anderson Carey Williams & Neidzwski, PLLC, however, are equipped with decades of combined experience and know how to achieve maximum compensation in maritime cases like yours. For your free consultation on how Anderson Carey Williams & Neidzwski, PLLC can help you, call 1 (800) 262-8529 today.
Information Center for Accidents Due to Inadequate Safety and Training
Inadequate Safety Measures, Liability, and Unseaworthiness
Examples of Inadequate Training or Safety Measures Resulting in Maritime Company Liability
Recoverable Damages in Maritime Injuries Due to Inadequate Safety Measures
Liability of the employer or vessel owner for inadequate training and safety measures has its maritime roots in the legal requirements for seaworthiness and safe working conditions. The warranty of seaworthiness and the employer's duty of care stipulated in the Jones Act requires the availability of adequate safety equipment, proper safety training, the hiring of competent crewmembers, and sufficient occupational training. If a maritime company has failed to provide one or more of these safety measures, it can be considered negligent and in violation of the warranty of seaworthiness.
Since adequate safety measures and training in the maritime industry are also necessary for shoreside operations and not just sea-based or seafaring vessels, this duty of care is extended to shipyard and dock workers as a component of safe maritime working conditions. An injury resulting from inadequate training or inadequate safety measures is, therefore, the company's responsibility, both on land and at sea. Consult with an experienced maritime injury attorney if you are concerned that your injury could have been caused by such negligence. Contact Anderson Carey Williams & Neidzwski, PLLC today for a free no obligation consultation at 1 (800) 262-8529.
Working on and near the ocean with heavy equipment lends itself to high-risk work. While the risk can't be eliminated without stopping most of the functions of the maritime industry altogether, it can be greatly reduced through proper occupational training and implementation of crucial safety measures. Some of the areas of safety and training the maritime industry frequently falls behind on include:
Teaching proper lifting technique
Emergency procedure training
Provision of adequate and functioning safety equipment
Training on proper use of safety protection equipment, such as gas masks, back braces, and personal flotation devices
Education on the prevention of repetitive use injuries
Fatigue awareness
Implementation and proper use of safety guards on equipment, such as covers for moving machine parts
On-the-job training and error correction
Appropriate number of safety inspections
Thorough, individual, task-by-task safety training, including the reason behind each preventative measure
Increasingly, maritime companies are more concerned with their bottom line than training competent employees who know how to perform their jobs effectively and safely. This subjects every employee in such an environment to a much higher risk for injury and the maritime employer to a higher risk of paying out damages due to their responsibility for their employees.
For instance, if one worker didn't know how to safely operate a crane and injured another worker in the process of discharging cargo, the maritime company employing the crane operator is liable for his actions. Cases of maritime company negligence involving a lack of safety training can, therefore, be complicated, but an experienced Washington, California, Alaska, or Oregon maritime injury attorney can help your claim get on the right track.
Recoverable Damages for Maritime Injuries Due to Inadequate Safety Measures
The damages your maritime injury case qualifies for will depend largely on the circumstances surrounding your case. One of the biggest contingencies is whether general maritime law, the Jones Act, LHWCA, or a combination applies to your case, a factor largely based on worker status. Generally, you are eligible to recover the actual damages related directly to the maritime employer's negligence, including:
Expanded maintenance and cure
All reasonable medical expenses
Cost of in-home care for severe injuries
Reduced or eliminated earning capacity
Mental anguish
Punitive damages in cases of gross negligence
Anderson Carey Williams & Neidzwski, PLLC | Attorneys for Maritime Workers Injured as a Result of Inadequate Safety Measures
If you have suffered an injury due to a lack of training or absence of safety measure implementation, whether the accident was caused by you or another employee, contact the experienced Washington, California, Alaska, and Oregon maritime injury lawyers of Anderson Carey Williams & Neidzwski, PLLC based in Seattle, Bellingham, Portland, and San Francisco. We have what it takes to fight for maximum compensation in your North Pacific, Gulf of Alaska, or Bering Sea maritime injury case. Your first consultation is free, so call 1 (800) 262-8529 and schedule yours today.
This article was last updated on Wednesday, July 25, 2018.
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