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The maritime industry is one of the most dangerous industries to work in. Therefore, Congress has passed legislation to ensure the safety of maritime employees. Between Coast Guard regulation, maritime OSHA guidelines, the Jones Act, and the Longshoremen and Harbor Workers Compensation Act (LHWCA), maritime employers have 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.
Any injury occurring due to lack of training or proper safety measures defined by agencies such as the Coast Guard and OSHA is the responsibility of that employer, as the lack of preventative action is considered negligence. An experienced Washington maritime accident lawyer can explore the circumstances surrounding your maritime injury to determine if a lack of training or safety measures was a factor, and thus a liability of the company.
Maritime injury cases involving a lack of training or safety measures often appear on the surface to be injury due to human error. Proving the maritime company's negligence is a lengthy, complicated process. The qualified Washington and Oregon maritime injury attorneys of Anderson Carey Williams & Neidzwski, however, are equipped with decades of combined experience and know how to fight for maximum compensation in maritime cases like yours. For your free consultation on how Anderson Carey Williams & Neidzwski can help you, call 1 (800) 262-8529 today.
Information Center for Accidents Due to Inadequate Safety and Training
Liability of the company 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 Jones Act employer's duty of care 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 factors involving the crew, it can be considered negligence and a violation of the warranty of seaworthiness.
Since adequate safety measures and training in the maritime industry is 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 under the circumstances of inadequate training or inadequate safety measures is, therefore, the company's responsibility, both on land and at sea. Consult with an experienced Portland maritime injury attorney if you are concerned that your injury could have been caused by such negligence.
Working on and near the ocean with heavy equipment simply 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 regarding safety and training the maritime industry frequently falls behind on include:
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 a higher risk for paying out damages due to their being responsible for every person in the situation.
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 Seattle or Portland maritime injury attorney can help your claim get on the right track.
What damages your maritime injury case will qualify 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 Portland maritime employer's negligence, including:
Anderson Carey Williams & Neidzwski | Inadequate Maritime Safety Measures Injury Lawyer
If you have suffered an injury due to the lack of training or safety measure implementation, whether the accident was caused by you or another employee, contact the experienced Washington and Oregon maritime injury lawyers of Anderson Carey Williams & Neidzwski based in Seattle, Portland, and Bellingham. We have what it takes to fight for maximum compensation coast-to-coast 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 website was designed for martime lawyers and was created solely for general information purposes. Nothing on this website should be construed as legal or medical advice. Only a maritime attorney or physician licensed to practice in your state can provide you with official guidance based on the specific details surrounding your situation.
Additionally, contacting Anderson Carey Williams & Neidzwski via e-mail or phone does not create an attorney / client relationship. This relationship is only formed after a formal agreement has been made by both parties.