Maritime Worker Injury: Doyle Dennis Avery LLP Files Jones Act Lawsuit Against Tennessee Valley Towing
Protecting the Rights of Injured Maritime Workers
Doyle Dennis Avery LLP has filed a lawsuit against James Transportation LLC, doing business as Tennessee Valley Towing, on behalf of their client, a maritime crewmember who sustained serious injuries while working aboard the M/V Tom Freeman. The lawsuit, filed in McCracken County, Kentucky, alleges that Tennessee Valley Towing’s negligence and the vessel’s unseaworthiness led to the client’s injuries, wrongful termination, and failure to provide maintenance and cure benefits required by maritime law.
Maritime work presents unique hazards, with vessel crews often facing dangerous conditions in remote locations. This case highlights the devastating consequences when vessel operators fail to uphold their duty of care to their crew members and subsequently fail to meet their legal obligations to provide for injured workers.
Overview of the Maritime Injury Case
On May 1, 2022, the client was serving as Chief Engineer aboard the M/V Tom Freeman as it operated on the Tennessee River. During operations, the vessel ran aground, causing a violent jolt that threw the client while he was working in the engine room. Upon exiting the engine room to assess the situation, the client discovered that unsecured barges were floating down the river. Despite lacking adequate training and support, the deck crew attempted to respond to the incident, and the client was forced to assist in efforts to remedy the situation.
The lawsuit contends that Tennessee Valley Towing failed to ensure a safe working environment by neglecting its duty to properly operate the vessel and secure its tow—fundamental requirements under the Jones Act and general maritime law that are designed to protect maritime workers.
Injuries and Inadequate Response
As a result of this chaotic and dangerous event, the client suffered significant injuries, including severe back pain and numbness in his left arm. Although he immediately reported his injuries to the vessel’s captain, he was not transported to a medical facility but instead taken by company vehicle to Tennessee Valley Towing’s office. The client did not receive professional medical care until days later.
The lawsuit alleges that this delay in providing medical care represents a serious failure of the company’s obligation to provide prompt and appropriate medical attention to injured crewmembers—a duty specifically required under maritime law’s “maintenance and cure” doctrine.
Wrongful Termination Following Injury
As is typical in many maritime injury cases, instead of supporting its injured worker, Tennessee Valley Towing allegedly fired the client and cut off communication after he reported his injury. The lawsuit asserts that this termination was retaliatory in nature, occurring as a direct response to the client reporting his injury and seeking benefits under the Jones Act.
This alleged pattern of behavior—terminating injured workers who assert their legal rights—represents a serious violation of maritime workers’ protections and may constitute illegal retaliation under maritime law.
For more information on similar cases and our extensive experience with maritime injury claims, please visit our Maritime Injury Claims page.
Understanding Jones Act and Maritime Law Protections
The Jones Act: Cornerstone of Maritime Worker Protection
Maritime workers are protected by specific federal laws designed to address the unique hazards of working at sea:
Key Elements of Jones Act Protection
- Negligence Standard: Unlike workers’ compensation, the Jones Act allows recovery for employer negligence, even slight negligence.
- Causation Requirements: The seaman only needs to prove that employer negligence played any part, however small, in causing the injury.
- Broader Remedies: The Jones Act allows recovery for pain and suffering, lost wages, and other damages not available under standard workers’ compensation.
- Jury Trial Right: Unlike many maritime claims, Jones Act cases can be heard by a jury.
Maintenance and Cure Doctrine
In addition to Jones Act protections, injured seamen are entitled to “maintenance and cure” benefits:
- Maintenance: Daily living expenses while recovering from injuries.
- Cure: Payment of medical expenses until maximum medical improvement.
- Unqualified Obligation: This duty applies regardless of fault and continues until the seaman reaches maximum medical improvement.
The lawsuit alleges that Tennessee Valley Towing failed to fulfill these fundamental obligations to their injured crewmember.
Unseaworthiness Claims Under General Maritime Law
Beyond the Jones Act, maritime workers have additional protections under general maritime law:
- Vessel Seaworthiness: Vessel owners have an absolute duty to provide a seaworthy vessel.
- Definition of Seaworthiness: A vessel is unseaworthy if the vessel, its equipment, or crew are not reasonably fit for their intended purpose.
- Strict Liability Standard: Unlike Jones Act claims, unseaworthiness claims do not require proof of negligence.
This case potentially involves claims under both the Jones Act and unseaworthiness doctrine, as the lawsuit alleges both negligence in vessel operation and potentially inadequate training and staffing of crew members.
Legal Claims and Potential Damages
Specific Allegations Against Tennessee Valley Towing
The lawsuit asserts multiple failures by Tennessee Valley Towing:
- Unsafe Working Environment: Failure to provide reasonably safe equipment and working conditions.
- Improper Vessel Operation: Negligence in navigating the vessel, resulting in the grounding incident.
- Inadequate Training and Supervision: Failure to properly train and supervise crew members for emergency situations.
- Maintenance and Cure Denial: Refusal to provide legally required medical care and living expenses.
- Retaliatory Termination: Wrongful discharge in response to the client reporting injuries and seeking legal benefits.
Potential Damages in Maritime Injury Cases
As a result of Tennessee Valley Towing’s alleged negligence and misconduct, the client is seeking compensation for:
- Medical Expenses: Both past and future medical care related to the injuries.
- Lost Wages: Compensation for time unable to work and diminished earning capacity.
- Physical Pain and Suffering: Damages for physical trauma and ongoing pain.
- Emotional Distress: Compensation for psychological impacts, including anxiety and trauma.
- Punitive Damages: Potentially available for willful and wanton denial of maintenance and cure.
For more detailed information on legal protections for maritime workers, check out our Jones Act Claims section.
Maritime Employer Responsibilities
Essential Safety Obligations for Vessel Operators
This case highlights several critical responsibilities of maritime employers:
Proper Vessel Operation and Maintenance
- Navigation Standards: Employing proper navigation techniques to prevent groundings and collisions.
- Equipment Maintenance: Ensuring all vessel systems are properly maintained and functioning.
- Tow Security: Properly securing barges and other towed vessels to prevent breakaways.
- Emergency Procedures: Establishing clear protocols for responding to groundings or other incidents.
Crew Training and Support
- Adequate Training: Ensuring all crew members are properly trained for their positions and emergency situations.
- Proper Staffing Levels: Maintaining sufficient crew numbers to safely operate the vessel.
- Clear Chain of Command: Establishing proper supervision and decision-making authority.
- Emergency Response Training: Regular drills and education on handling vessel emergencies.
Injury Response Protocols
- Prompt Medical Care: Immediate access to appropriate medical treatment for injured workers.
- Proper Reporting: Accurate documentation of incidents and injuries.
- Non-Retaliation: Ensuring workers who report injuries do not face adverse employment actions.
- Maintenance and Cure: Prompt provision of legally required benefits to injured seamen.
Maritime employers who neglect these responsibilities not only endanger their workers but also expose themselves to significant legal liabilities under maritime law.
Protecting Your Rights as a Maritime Worker
Steps to Take If You’re Injured on a Vessel
If you experience an injury while working on a vessel:
- Report the Injury Immediately: Notify your supervisor or captain as soon as possible.
- Seek Medical Attention: Insist on proper medical care, even if it requires leaving the vessel.
- Document Everything: Keep records of the incident, your injuries, and all communications.
- Understand Your Rights: Know that you’re entitled to maintenance and cure benefits.
- Be Wary of Recorded Statements: Avoid giving recorded statements to company representatives without legal advice.
- Consult Maritime Attorneys: Speak with lawyers experienced in Jones Act and maritime claims.
Due to the injuries suffered in this incident, the client now faces significant medical challenges, lost employment, and financial hardship. If you’ve experienced similar circumstances, the experienced team at Doyle Dennis Avery LLP is here to help.
No Win No Fee
Top Trial Lawyer
If you’ve experienced maritime injury or lost a loved one due to offshore workplace negligence, the experienced team at Doyle Dennis Avery LLP is here to help:
- Free Consultation: Discuss your situation with knowledgeable maritime injury lawyers at no cost
- Case Evaluation: Receive an honest assessment of your legal options
- Comprehensive Representation: Work with attorneys who understand the unique aspects of maritime law
- Contingency Fee Structure: Pay legal fees only if we secure compensation for you
Our firm’s extensive experience with maritime injury and wrongful death cases positions us to effectively advocate for your rights and pursue the compensation you deserve.
