An offshore worker from Texas won more than $4.5 million in a maritime lawsuit related to injuries sustained during an accident in 2007.

Captain Charles Norfleet, a graduate of the Merchant Marine Academy, was seriously injured in an accident during a ship-to-ship crane transfer. Norfleet was in a personnel basket when it slammed into the side of the ship. He sustained serious spine injuries when he was thrown about the basket.

According to the Jones Act lawsuit, managers at Seetransport GNBH (CST) had been informed that the ship crane used to transfer employees was malfunctioning. They were also aware that efforts to repair the ship crane had not worked. Even then, managers declared the vessel ready for use. The lawsuit also alleged that CST used inexperienced staff to operate the defective crane. The Germany-based company, Connecticut-based Heidenreich Marine Inc. is also named in the lawsuit for negligence.

It appears CST failed in a number of its employer responsibilities here. They provided employees a malfunctioning ship crane, and did so knowing the equipment was defective and had not been repaired properly. They compounded matters by using inexperienced staff to operate an already defective crane.

Maritime employers have a duty to provide their employees with a safe working environment. This includes providing well maintained, properly functioning equipment. It also includes hiring well trained staff to operate those machines.

When workers are injured due to the use of defective machinery or because of incompetence or negligence of the employer, the employer must pay damages to the worker in compensation for his medical expenses, etc. Also, if a third party is responsible for the injury, the worker's maritime lawyer may file a personal injury lawsuit against the them. For instance, manufacturers of defective machinery can be held liable for their negligence.