Crew Member Negligence Per Se FAQs (Frequently Asked Questions)

How Long Do I Have To File My Claim?

The statute of limitations for filing a negligence per se claim is three years from the date of injury. The same limits exist for filing claims under the Jones Act and unseaworthiness of the vessel.

What Damages Can Be Awarded For Negligence Per Se?

Damages for a claim of negligence per se include: lost past and futures wages, past and future medical bills (to the extent not paid under the cure obligation); and lost and future pain and suffering.

Can An Employer Reduce The Damages For A Claim Of Negligence Per Se By The Crewmember’s Comparative Negligence?

NO! The employer cannot reduce its liability by the comparative negligence of the crewmember in a negligence per se claim. Meaning that if the crewmember is 99% responsible for his/her accident and, the employer’s violation of the safety statute or regulation contributed to the accident by only 1%, the employer is liable for 100% of the damages arising from the accident.

What Are Examples Of Negligence Per Se?

Examples of negligence per se claim are injuries or death resulting from:

  • Failure to have proper hand guards as required by the Coast Guard
  • Improper compliment of crew as required by the vessel’s Certificate of Inspection
  • Improper storage of chemicals and gasses as required by the Occupational Safety and Health Administration regulations
  • Working the crew longer than allotted by the Code of Federal Regulations
  • Failure to have had proper lookout posted as required by the rules of navigation
  • Failure to have proper life saving equipment required by the Safety of Life as Sea Convention

The attorneys at the law firm of Brais, Brais & Rusak have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers you may click email the firm, call 1-800-499-0551 from within the U.S., Skype BraisLaw worldwide or click Contact Us to select and complete a form for a free evaluation of your case.


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