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Every year thousands of maritime workers are
injured while on tugs, towboats and barges. The workers are injured
as result of falls on old and worn out stairs and ladders, asbestos
exposures, chemical exposures, dangerous transfers,absence of a gangway,
over worked crews, defective winches, winch handle accidents, oily
/ greasy conditions on ladders & decks, inadequate lighting, inexperienced
crews, defective or worn-out equipment, negligent and reckless behavior
of a crew member, collisions with other vessels, icy conditions, and
other conditions making the vessel unseaworthy.
Injuries to the injured worker are often pursued under the Jones Act, so long
as the one who is injured and is more or less permanently attached to a vessel
or fleet of vessels. Immediately after an accident it is important to get names
of the witnesses and fill out an accident report. Failure to report an injury
and follow it up with a report can often be devastating to one's future ability
to prove the injury occurred while on the vessel. Often the employer will force
the employee to finish out their hitch and seek medical attention at a later
time with the company doctor.
While in some situations with minor injuries, cuts or abrasions, this may be
acceptable, it is not however advisable in accident involving serious injuries.
This waiting to seek professional medical attention can accelerate or worsen
one's injuries. Continued working on the vessel, even light duty, may also make
the original injury harder to prove especially where the injured worker returns
to light duty and either re-injuries themselves or has another new injury. If
the first injury was clearly the worst of the injuries and if there was fault
/ negligence on the part the tug boat operator, then the employer will try and
blame all of the injuries on the second accident, or any other situation in which
the employer or fellow member of the crew was not at fault.
Don't fall victim to this trap. The best advise for an injured worker is seek
medical attention with a doctor of the worker's choice and not be bullied into
going to a "Company Doctor" or even worst agreeing not to report the
injury so that the boat will not have any loss time accidents on the vessel.
Then call an attorney and find out your legal rights.
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