Employment as a seaman, fisherman or other maritime-based occupation is a highly dangerous profession, but there are laws in place designed to keep workers safe. Not all accidents at sea can be prevented, but there are precautions that can be taken to help ensure the safety of those on board a vessel.

It is the responsibility of the ship or other sea vessel owner to provide a vessel that is reasonably fit for its purpose. This applies whether the vessel is docked at a port, such as the Port of Seattle, or out at sea in places such as the Pacific Northwest, Puget Sound or Gulf of Alaska. However, this does not mean the ship owner has to provide an accident-free ship. Failure to provide a vessel that is at least reasonably seaworthy could be considered negligent under maritime law.

Unseaworthiness is one of the most common causes for maritime law civil suits. The U.S. Supreme Court defined the term as the ship owner’s absolute duty to furnish his or her seamen with a vessel and the appropriate equipment which are reasonably fit for their intended use.

According to the definition, outlined in Mahnich v. Southern Steamship Co., the vessel owner must provide adequate safety equipment for the tasks that will be performed on the vessel, such as crabbing, in addition to a crew that is reasonable in size and competent in skill for the work at hand. If a ship owner fails to do so and a worker is injured, he or she could file a claim against the owner under the Jones Act.

The Jones Act, or 46 U.S.C. § 30104, is a federal law that governs personal injury or wrongful death lawsuits by seamen against their employers. The Jones Act gives officers and crew members of a vessel the right to sue their employers for negligence if that negligence plays any part in a death or injury at sea.

When bringing an unseaworthiness claim against an employer, the worker must be able to prove several different elements, including that he or she had the seaman status at the time of the injury. Examples of seamen include merchant mariners, officers, mates, engineers, deckhands, commercial fishermen, tankermen and tugboat crewmembers.

These workers must be able to prove:

• The vessel where the worker was employed was in navigation
• The employee contributed to the mission, operation or maintenance of the vessel at anchor or under way
• The employee had more or less a permanent connection with the vessel, which was substantial in terms of time and work

One of the most important things that must be proven in the claim is that the unseaworthiness led to the injuries or death. Even if there was a portion of negligence on behalf of the worker, if that person still could prove the ship owner’s negligence, he or she still may have a claim. A maritime injury attorney could make a difference is getting fair compensation after an injury.