A Nicaraguan seaman filed a Jones Act lawsuit against his employers after an accident aboard a vessel in which his hand was severely injured.

According to the lawsuit, on September 30, 2006, Marco Jacobo was engaged in extracting water from a tank with a water pump aboard the MV Chios Princess.  The pump malfunctioned, leaving his hand with severe injuries. He suffered extreme pain and mental anguish, and required expensive medical treatment. Jacobo claims that because of his injuries he was unable to pay for the medical treatment he needed. The lawsuit claims that Jacobo’s injury has left him unemployed and names Harbor Shipping and Trading SA and Sunrise Shipping Inc. as defendants.

The Maritime Employers Duties

Having well functioning equipment is part of the duties of a maritime employer. Equipment must be well maintained and repairs must be undertaken if needed. Equipment that needs to be repaired must be kept aside until repairs are completed, and machinery that cannot be repaired must be replaced. Workers must also be trained to use equipment properly to avoid accidents.

Jones Act Seamen

Under the Jones Act, a seaman can sue his employer for damages that result from an injury caused by the negligence of the employer or fellow crew members. These damages can include economic and non-economic losses. Economic losses include lost wages due to days off because of the injury, as well as loss of any potential earnings. Past wage losses are easier to quantify, while calculating future earnings may involve using a number of economic indicators to arrive at a figure. A seaman can also receive monetary damages to recover any medical expenses that are necessary in the future due to the injury. Non-economic damages can include the physical pain a seaman suffers as the result of an injury, mental anguish and suffering, as well as disfigurement.

Injuries that occur when a maritime worker is engaged in his duties can have severe repercussions which can continue even after the injury has healed. For instance, severe hand injuries can render a worker unemployable which means he may require larger damages than a worker who is able to go back to work after recovering from injuries. These injuries can leave a worker with more than just physical injuries. Workers can suffer from the emotional distress that comes with disfigurement and not being able to return to employed, productive life. Fortunately for injured maritime workers, Jones Act lawyers can help recover monetary damages for such losses. Although an injured worker's life may never be the same, not having to worry about paying for medical bills will be helpful in recovering.