Robert James Dick, Jr., an employee of Blackwater Diving LLC, was conducting an underwater burn on a conductor when he was allegedly injured by an explosion. This event took place on or about June 21 and the explosion allegedly resulted in severe physical damage, psychological trauma, loss of enjoyment and capacity, permanent impairment, and medical expenses for Dick.
The plaintiff was employed by Blackwater as a seaman, a commercial diver, and a crewman of a marine vessel. He has alleged negligence on the part of his employer and is seeking maintenance and cure.
As a part of his suit, Dick has invoked the Jones Act and claimed that Blackwater was negligent in failing to provide a safe workplace and safe equipment. The Jones Act, also known as the Merchant Marine Act of 1920, is a federal statute that provides for the promotion and maintenance of the American merchant marine. The Jones Act specifically applies to shipping between two points of the same country, whether in-land or along the coasts. This is collectively referred to as cabotage. The Act took contemporary legislation regarding the recovery rights of railroad workers and extended the principles therein to sailors of such vessels. It allowed seaman to bring action against ship owners based on claims of unseaworthiness or negligence, rights not afforded by common international maritime law.
In order to be protected by the Jones Act, the Supreme Court rule in Chandris, Inc., v. Latsis that one had to spend at least 30 percent of one’s time in the service of a vessel on navigable waters.
The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you or a loved one has suffered harm because of the negligence of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).