Maritime workers already face many risks and hazards working at sea and should not need to worry about an assault by their crew members as well. Unfortunately, assaults against maritime workers do occur by other crew members, leaving lasting pain and trauma.
The consequences of an assault by a crew member can last a lifetime. In addition to physical scarring or disfigurement, you could suffer from psychological or mental trauma that leaves you unable to return to work, depriving you of the maritime career you enjoyed.
Factors that increase the chance of an assault
Physical altercations onboard vessels happen for various reasons. Crew members work long hours and may consume alcohol during down time. This, combined with personality clashes that are common in any job, can lead to disagreements that become physical.
Sometimes the assault is more than a simple fistfight. A crew member could bring a weapon such as a knife or gun on a ship and use it during a fight to injure another crew member.
Employers have a legal duty to help avoid these types of situations. Strict drug and alcohol policies, proper training, rules surrounding breaks and rest periods and strong discipline procedures decrease the chance of fighting and assaults on crew members.
Additionally, when the assault involves a weapon, an employer can be held liable along with the crew member if they knew or should have known that weapons were brought onto the vessel.
Filing a claim through the Jones Act
Through the Jones Act, you may be able to hold your someone accountable for your assault. Depending on the circumstances, you can file a claim against your employer, the ship owner or the specific crew member who instigated the assault.
Your employer or the ship owner can be held liable for negligence under a legal concept known as vicarious liability. This means that although the crew member was directly responsible for your assault, they were indirectly responsible if they breached their legal duty to provide a safe environment for all crew members.