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Ferry Workers Injuries

PURSUING CIVIL DAMAGES FROM SHIP OWNERS WHEN NEGLIGENCE CAUSES INJURY

Washington State is home to the largest ferry system in the country, with 22 vessels carrying more than 22 million passengers annually to 20 different ports in the United States and Canada. The system’s 1,800 employees include maritime workers — captains, masters, chief mates, able-bodied seamen, ordinary seamen, engineers and oilers — who qualify for federal protection under the Jones Act. Since 1959, maritime accident attorneys at Rush, Hannula, Harkins & Kyler PLLC have represented injured ferry workers and merchant marines in claims of negligence or unseaworthiness against their employers. We demonstrate a deep commitment to our clients’ success by advancing all costs of litigation as we pursue full compensation.

 

WHAT ARE A WASHINGTON MARITIME WORKER’S RIGHTS UNDER THE JONES ACT?

Washington’s workers’ compensation laws bar most employees from pursuing civil damages from their employers. So, when employees suffer work-related injuries, they receive compensation for their medical bills, but only recover a percentage of their lost income and nothing for their pain and suffering. The Jones Act is a federal law passed in 1920 that gives seamen additional protections, including the right to file a civil lawsuit, allowing them to recover all lost income and compensation for pain and suffering.

The law allows a seaman to sue an employer for injuries due to negligence or the unseaworthiness of a vessel, a right that does not exist in international maritime law. The right to a trial by jury also does not exist under maritime law.

 

WHAT IS UNSEAWORTHINESS UNDER THE JONES ACT?

Under the general maritime law, a ship owner or operator has an unqualified, non-delegable duty to all who qualify as seamen under the Jones Act to provide a vessel that is reasonably fit for its intended purpose. The owner or operator is strictly liable to a Jones Act seaman for injuries caused by an unseaworthy condition. An unseaworthy condition may arise from a defect or fault of the vessel, its equipment or its crew.

 

WHO QUALIFIES AS A SEAMAN UNDER THE JONES ACT?

To qualify for Jones Act protections an employee must spend at least 30 percent of the time in service of a vessel in navigable waters. Though the Jones Act is federal law, the injured seaman can bring the case to state or federal court.

 

Contact our maritime injury attorneys for Jones Act litigation in Washington

If you or a loved one has suffered a maritime accident, the Jones Act may afford you rights to compensation in addition to workers’ compensation. Speak to a seasoned maritime lawyer at Rush, Hannula, Harkins & Kyler PLLC to learn if you qualify. To schedule a free consultation, call 253-383-5388 or contact our Tacoma office online.

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At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.

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Winning is when clients get the closure and compensation they deserve. We haven’t settled for less in the last sixty plus years. And we won’t for the next sixty.

$7.0 M
Client was exposed to ammonia gas by a trucking company that wrongfully released the gas. Client suffered injuries to both eyes, reactive airway disease, significant PTSD and severe depression preventing client from returning to his previous employment.
$1.9 M
Client was the victim of medical malpractice when the emergency room failed to diagnose a bowel obstruction, resulting in severe intestine injury and a colostomy.
$1.3 M
Client was bitten by a dog and suffered C-Diff infection and multiple hospitalizations.
$1.2 M
Client was the victim of a defective product when the coupler unit between his tractor and trailer failed, causing his arm to be crushed.
$1.2 M
Client was involved in a traumatic motorcycle accident. Client underwent multiple surgeries for comminuted fractures of his tibia and fibula resulting in limitations to his ability to work.
$1.05 M
Client was involved in a high speed collision on Interstate 5 when a driver of a Box Truck fell asleep and crossed over several lanes pushing her vehicle over an embankment. Client sustained traumatic brain bleed, fractured shoulder, hip and knees requiring over three months of intensive care and hospital admission
$920,000
Client was involved in a truck accident that caused his wrongful death. He was crushed when the truck hit him from behind as he was unloading items from his vehicle.
$875,000
Client was a pedestrian and was struck by a car while crossing in a crosswalk. Client was transported to the hospital but unfortunately died as a result of the injuries.
FAQs

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We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.

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Do I need a lawyer to file a personal injury lawsuit?

It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.

 

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What is the statute of limitations in Washington for personal injury?

A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.

 

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How much does a personal injury lawyer cost?

The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.

 

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How do I file a personal injury lawsuit in Washington state?

At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.

 

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The change you want to see happens when your story goes beyond the courtroom and makes an impact after the case is closed.

  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • Dan Kyler and Mike Fisher were professional and dedicated throughout the entire process. I would recommend this law firm to anyone.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher is an outstanding lawyer. He’s knowledgeable, responsive, and kept me informed at all times. I would definitely recommend him to anyone in need of a good attorney.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • Mike Fisher is an example of a quality attorney who sets high standards in servicing his clients in the highest regard as an attorney and he is part of a great firm.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
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