Spagnoletti Law Firm has filed a lawsuit under 33 U.S.C. § 905(b) and general maritime law against Mike Hooks, LLC on behalf of a maritime worker who sustained serious injuries while working aboard the dredging vessel MISSOURI H. The lawsuit alleges that unsafe conditions aboard the vessel led to a preventable accident, causing significant harm to the plaintiff.
Incident Overview
On October 10, 2018, the plaintiff, a worker aboard the MISSOURI H, was performing his job duties when he was injured due to unsafe conditions on the vessel. While navigating a stairway, the plaintiff tripped over a cable or hose that had been improperly left across the steps. As he fell, his left forearm was impaled on an exposed electrical outlet attached to the handrails of the stairs.
The plaintiff sustained serious injuries to his back and left arm, among other areas. The lawsuit asserts that these injuries were not due to any fault of his own, but rather the result of hazardous conditions aboard the vessel and negligence by Mike Hooks, LLC.
What Is a 905(b) Claim and Who Is Covered?
A 905(b) claim refers to a lawsuit filed under 33 U.S.C. § 905(b) of the Longshore and Harbor Workers’ Compensation Act (LHWCA). This provision allows injured maritime workers to file claims against a vessel owner when their injuries result from the vessel’s negligence or unseaworthiness.
Who Can File a 905(b) Claim?
A 905(b) claim is specifically for maritime workers who are not Jones Act seamen but who were injured due to the negligence of a vessel owner or operator. This includes:
- Longshoremen and harbor workers injured while working on or around a vessel.
- Dockworkers and cargo handlers injured due to unsafe vessel conditions.
- Contractors and maintenance workers performing job duties aboard a vessel.
- Dredge and offshore platform workers who are not considered seamen but are injured by vessel hazards.
Unlike traditional workers’ compensation, a 905(b) claim is a negligence-based lawsuit—meaning the injured worker must prove that the vessel owner failed to provide a reasonably safe environment, leading to the injury. These claims are different from Jones Act claims, which apply only to seamen who spend a significant portion of their time working aboard a vessel.
Allegations of Negligence Against Mike Hooks, LLC
The lawsuit asserts that Mike Hooks, LLC failed to provide a safe working environment aboard the MISSOURI H, exposing the plaintiff to avoidable hazards. Allegations of negligence include:
- Failure to properly supervise the vessel’s crew, allowing unsafe conditions to develop.
- Failure to maintain the vessel and its equipment, resulting in hazardous conditions.
- Failure to take reasonable precautions to protect workers from known risks.
- Failure to ensure a safe working environment, including keeping walkways free of tripping hazards.
- Failure to provide proper training to crew members on hazard prevention.
- Violations of applicable Coast Guard, OSHA, and other safety regulations.
- Failure to uphold its duties under 33 U.S.C. § 905(b), which governs the liability of vessel owners for injuries sustained by workers who are not direct employees of the vessel owner.
Additionally, the lawsuit alleges that the MISSOURI H was unseaworthy, meaning the vessel was not fit for its intended use and lacked the necessary safety measures to protect workers.
Responsibilities of Vessel Owners and Operators to Maintain Safe Conditions
Vessel owners and operators have a legal obligation to ensure that their ships are maintained in a reasonably safe condition for workers. Under 33 U.S.C. § 905(b) and general maritime law, vessel operators must take proactive steps to prevent workplace injuries by implementing and enforcing proper safety procedures.
Maintaining a safe vessel environment involves several key responsibilities:
- Regular inspection and maintenance of all equipment, walkways, and work areas to identify and eliminate hazards before they cause injuries.
- Properly training crew members on safety procedures, including hazard identification and emergency response.
- Keeping walkways, stairs, and access points free of obstructions, ensuring workers can move safely without the risk of tripping over misplaced equipment or debris.
- Securing hazardous areas, including ensuring that electrical components, exposed wiring, or protruding fixtures do not create unnecessary risks.
- Compliance with Coast Guard, OSHA, and industry safety regulations, ensuring that the vessel meets the minimum standards required for worker protection.
When a vessel owner fails to meet these obligations, workers can suffer life-altering injuries due to preventable hazards. Injured maritime workers have the right to hold vessel owners accountable through legal action.
Next Steps: Understanding Your Rights After a Maritime Injury
For maritime workers injured aboard a vessel, understanding legal rights under 33 U.S.C. § 905(b) and general maritime law is essential. These laws provide protections for workers who are not direct employees of the vessel owner but who are injured due to unsafe conditions aboard the vessel.
Key legal rights include:
- The right to file a claim against the vessel owner for negligence.
- Compensation for lost wages, medical expenses, and pain and suffering.
- The ability to prove vessel unseaworthiness, which can provide additional damages for unsafe working conditions.
- Holding vessel owners accountable for failing to maintain safe conditions and comply with safety regulations.
Understanding these rights is crucial for injured maritime workers seeking fair compensation for their injuries. Consulting an experienced maritime attorney ensures that all available legal avenues are pursued.
Contact Spagnoletti Law Firm for Maritime Injury Claims
If you or a loved one has suffered an injury while working aboard a dredging vessel, barge, tugboat, or offshore platform, you may have grounds to file a lawsuit under maritime law. The attorneys at Spagnoletti Law Firm have extensive experience handling cases involving maritime injuries, vessel unseaworthiness, and unsafe working conditions.
To learn more about your legal options, contact us online or call 713-804-9306 for a free consultation. There are strict deadlines for filing maritime injury claims, so don’t wait to take action