Case at a glance
- Recovery: Confidential Settlement
- Injury: Back injury requiring surgery
- Practice: Maritime Injury Law
- Attorney: Vuk Vujasinovic
Two injuries during the same hitch
After reporting pain, the worker received ibuprofen and a heating pad. Two days later, he hurt his back again unloading groceries. Diamond Offshore paid for his first back surgery but declined further surgery recommended by his doctors.
Preparing for trial
Crew testimony identified scaffolding as the safer way to reach the work area. Vuk developed the liability and damages evidence with experts and prepared the Houston case for trial.
What rights do Jones Act seamen have after an offshore injury?
An offshore back injury can raise several different maritime claims. The Ocean Summit case involved more than the worker’s first operation: the work assignments, the second injury during the same hitch and the dispute over further surgery all mattered. Understanding the available rights helps an injured worker see why paying an initial medical bill does not necessarily resolve the whole case.
A negligence claim against the employer
The Jones Act allows a qualifying seaman injured in the course of employment to sue the employer and elect a jury trial. The claim requires proof of negligence and a causal connection to the injury; an injury offshore does not by itself establish liability. Depending on the evidence, a claim may involve an unsafe work method, inadequate equipment or a failure to provide a reasonably safe place to work. Recoverable losses can include medical expenses, lost earning capacity and pain and suffering attributable to the injury.
Protection against an unseaworthy vessel
A seaman may also have a separate claim against the vessel owner when an unseaworthy condition causes an injury. The duty concerns a vessel, equipment and crew reasonably fit for their intended service—not a guarantee that every voyage or task will be accident-free. As the Supreme Court explained in Mitchell v. Trawler Racer, unseaworthiness is distinct from negligence, and even a temporary condition may support a claim.
Medical care and living expenses during recovery
Maintenance and cure generally provides basic living expenses and necessary medical care when a seaman becomes injured or ill in the service of the vessel, without requiring proof that the employer caused the condition. These benefits generally continue until maximum medical recovery—the point at which further treatment is not expected to improve the condition—not simply until the employer has paid for one operation. Vella v. Ford Motor Co. explains why the medical determination matters. Eligibility and the extent of benefits depend on the facts, and payment of maintenance and cure does not replace a supported negligence claim.
Seaman status depends on the work, not just the job title
Under Chandris v. Latsis, the worker must contribute to a vessel’s function or mission and have a connection to a vessel in navigation, or an identifiable group of vessels, that is substantial in both duration and nature. Not every offshore worker qualifies. Vuk Vujasinovic’s work in this case focused on the roustabout’s circumstances and the evidence supporting his Jones Act claim.
The settlement
After declining mediation, Diamond Offshore agreed to a confidential settlement the day before trial was scheduled to begin.
Related legal help
Learn about maritime injury claims.
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Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.