“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you do also. I always use plain English, with no sugarcoating, no B.S. lawyer talk, and no double talk-just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley
My First Recommendation
The first thing I recommend with all my Jones Act Clients, is no matter what, always tell the truth. Never exaggerate your injury. If you are not honest, then the Judge will throw out your Jones Act Case.
Bank on it. I have seen it many times in court. And the one thing I do not like to see, is hard working folks like yourself, ripped off.
My Next Recommendation
The second thing I recommend is to do the proper research with your Jones Act Case. Order my free book, Win Your Injury Case: The Ultimate No B.S. Guide To Avoiding Insurance Company Tricks That Ruin Your Case [even before you hire a lawyer].
Anwsers About Ship Ladder Injuries
If you were injured on a vessel ladder, you may have questions about whether you can recover for your injuries. I talk to injured seaman all the time that have questions about whether they are able to recover money damages for their injuries while working as seaman.
Many of you accept the day-to-day dangers of your work without fear. Perhaps not even considering that the fact that any injuries you suffer are covered under the provisions of the Jones Act. It is usually only after that you are injured that you are forced to think about things like this.
Fact is, a slip on a ladder can cause anything from a twisted ankle to premature death—and you probably climb shipboard ladders multiple times per day. In this article I answer some of your questions. If you have more questions, pick up the phone and call my office or fill out the contact form on this website.
Ship Ladder Injuries: The Jones Act & Unseaworthiness
Under the Jones Act, both employers and ship owners share responsibility for providing a reasonably safe working environment for all workers. If they wish to avoid accidents, your employers have a duty to ensure that all ladders on a vessel are:
- Provided at all times. Ship owners should supply some type of ladder or gangplank to assist crew in getting on and off the vessel, accessing lower decks, and moving between levels. Failing to provide safe means of climbing, disembarking, or instructing crew members to “jump” between gaps may be seen as negligence.
- Of good quality. In most cases, ship owners are not required to provide the best quality ladders, but should supply ladders that are reasonably adequate for the situations in which they will be used. For example, portable ladders (such as vertical ladders and rope ladders) should be made of proper materials and be tested for maximum load-bearing capacity.
- Designed for adequate safety. Employers may opt to provide cheap portable ladders in order to cut costs, but these materials will usually not stand the test of time. Portable ladders made with inferior materials (such as warped wood, cheap hinges, or slippery footholds) can greatly increase the risk of an accident.
- In good condition. Ladders should be regularly inspected for signs of wear or damage. Wooden ladders should be stowed in cool, dry places to avoid rot and warping, and any ladders awaiting repair should be stored separately from those ready for use.
- Used properly. In addition to injuries caused by insufficient equipment, seaman may recover payments for injuries caused on a ladder due to negligent actions of fellow crew members, such as a failure to secure a ladder during climbing.
Could I Recover More Than Injury Damages in My Jones Act Case?
If your injury on a ladder was caused by inadequate equipment or unsafe working conditions, you could file a Jones Act negligence or unseaworthiness claim. I encourage you to use the information on my website to learn more about your rights.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley