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Jones Act basis for employee’s negligence claim

Cases of negligence on the part of an employer are common in Louisiana, and if employer negligence is proven, Louisiana courts frequently grant compensation to the wronged, injured parties.

In a recent case of alleged negligence, an employee has brought suit against a marine transportation company for serious injuries he received while on the job. He was injured while working on a ship belonging to the company.

The plaintiff’s Jones Act claim, which addresses safe conditions aboard maritime vessels, mentioned that he suffered severe upper body injuries to his neck and back. The worker is accusing the company of recklessness, carelessness and failure to provide a safe work environment. The company is also facing accusations of negligently maintaining the vessel, not providing a safe environment for its employees and failing to take proper precautionary measures.

The lawsuit was filed in a Louisiana district court and is seeking damages from the company for the injuries the plaintiff sustained while he was working onboard a vessel owned by the company. The amount of compensation being sought was not specified and a district court judge will preside over the case.

Cases of negligence against an employer stem from charges of an unsafe workplace, either on land or at sea, which is not adequately maintained by an employer and results in grievous injuries or even fatal accidents to employees working on site. Courts are usually strict in handling such cases and frequently order adequate compensation be paid by the negligent employer. Safety in the workplace is of utmost importance and employers must make serious and consistent attempts to ensure that employees are safe while working.

Source: The Louisiana Record, “Marine worker files Jones Act claim against employer,” Kyle Barnett, July 16, 2014

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