Our Maritime & Jones Act FAQ

You may be having a hard time finding the answers you need following a maritime accident and injury. We provide detailed answers to some of the most common questions we get in our maritime and Jones Act frequently asked questions.

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  • What Is The Difference Between A Maritime Injury Claim And A Jones Act Claim?

    Determining whether your accident qualifies under the Jones Act or falls under another law makes a huge difference in terms of your right to pursue certain claims, including for life-long disability.  

    In other articles, we discussed the several factors to consider in determining whether one qualifies as a Jones Act seaman and if their case qualifies under the Jones Act.  If it does, the Jones Act allows an injured seaman to pursue many claims which are not available under other laws.  These include claims for permanent disability and future lost wages, among others.  

    The Jones Act is unique and provides greatly different rights than other laws, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.  It is very important to consult with an experienced Jones Act attorney as soon as possible after an incident in order to understand your rights.  

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • How Long Do I have To File A Maritime Or Jones Act Claim?

    Under the law, a Jones Act lawsuit must be filed within 3 years of the accident date.  However, before relying on that 3 year period, it is important to know for sure if your case qualifies under the Jones Act or another law, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA), general maritime law, or state worker’s compensation law.  

    In order to qualify under the Jones Act, a number of requirements must be met.  For instance, the injured victim must be considered a Jones Act seaman who was contributing to the mission of a certain vessel or fleet of vessels for a certain length of time.  It must also be determined whether the injury occurred on a “vessel” capable of navigation.  

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • Can The Jones Act Protect Me From Retaliation From My Employer?

    A Jones Act employer is not allowed to retaliate against an employee for exercising their rights under the Jones Act.  However, the burden is on the employee to prove that the employer’s motivation for firing him was due to the employee exercising their rights.  

    If a Jones Act seaman is injured while working, their employer is responsible for providing them with medical treatment (cure) and for providing them with payments for their continued room and board (maintenance).  The Jones Act employer’s duty to pay maintenance and cure continues until the injured seaman has reached “maximum medical improvement,” that is, when it is determined that further medical treatment will not help them to get any better.  

    The Jones Act also allows the injured seaman to seek damages for future wage loss and disability, but these damages must be proven.  

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • How Long Does It Take For A Jones Act Case To Settle?

    How long it takes for a Jones Act case to settle or resolve depends on many factors specific to each case, such as the person’s injuries and medical treatment, the facts of the case, and the parties involved.

    In a Jones Act case, the Jones Act employer is responsible for “maintenance and cure.”  That means the employer must pay for the injured employee’s medical expenses and basic living expenses until they reach maximum medical improvement.  Depending on the extent of the worker’s injuries, medical treatment may last several years.  A resolution to a Jones Act case does not typically occur until the worker has finished treating or at least understands what the future may hold for them.  

    The facts of a Jones Act case also play a key role in the length of time the case takes to resolve.  Often, employers do not want to accept responsibility or refuse to accept full responsibility for the worker’s injuries.  In those cases, lawyers must gather evidence during a lawsuit to determine the cause of the accident and the parties responsible.

    Finally, a Jones Act case against a worker’s employer may also include claims against the owner of the vessel upon which the incident occurred.  Sometimes, “unseaworthiness claims” and other general maritime law claims may be included against third parties in lawsuit.  In those cases, the lawsuit process involves an investigation as to each company’s involvement in the accident. 

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • I Was In An Accident On An Oil Rig But I’m Not Hurt. My Co-Workers Say I Have A Jones Act Case. Is This True?

    Maybe and maybe not.  Whether you have a Jones Act case depends on whether you are injured and if you qualify as a Jones Act seaman.  

    First, it is not uncommon for oil field workers to get hurt on the job and keep working, either for fear of being fired, fear of being taken off the rig, or being tagged as a liability.  But, if you are hurt on a rig and don’t report your injury, you will have trouble getting the company to pay for benefits later on, such as medical expenses.  

    If you are injured, you must determine what kind of claim you have.  To qualify under the Jones Act, an injured worker must be a Jones Act seaman.  There are many factors in determining this, including whether the accident occurred on a navigable vessel, whether the employee was working in the service of the vessel, and even the employee’s work history with the company.  

    Determining your rights following an injury on an oil rig can be complicated.  If you have questions concerning an incident while working offshore, call us today to schedule a free and confidential consultation.

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • Who Is Covered By The Jones Act?

    The Jones Act covers “Seaman” who are injured while at work.  Determining whether someone is considered a Jones Act Seaman can be an extremely complicated and fact-dependent process.  

    Louisiana Maritime Jones Act Attorney Grady Flattmann

    Factors we consider in making such a determination include, but are not limited to the person’s job duties, the length of their employment, whether they were permanently assigned to a vessel or fleet of vessels, whether the accident took place when they were working in service of a vessel.  

    Understanding whether you qualify as a Jones Act Seaman is critical to protecting yourself after a work injury. 

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • If I’m A Longshoreman Or A Dockworker And Get Injured At Work Is This Covered Under The Jones Act?

    Probably not.  If you are truly a Longshoreman or Dockworker and not a Jones Act Seaman, the Longshore and Harbor Workers Compensation Act (LHWCA) would likely apply to your case.  

    But, deciding whether you could qualify as a Jones Act Seaman is critical to understanding your rights moving forward.  The Jones Act provides many rights that the LHWCA does not. 

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • I Was Injured While Loading A Cargo Ship. Is This Considered A Workers’ Compensation Claim, A Maritime Injury Claim, Or Both?

    Cargo loading accidents are very common in the maritime industry and can lead to serious injuries or even death.  Understanding what kind of claim you have is key in determining your rights.  

    Louisiana Maritime Injury Lawyer Flattmann Law

    Cargo loading accidents can happen on a dock, pier, or even at sea.  If the incident occurs at sea, the Jones Act may apply if the injured person is considered a “seaman.”  Under the Jones Act, the injured seaman is entitled to maintenance (daily costs of room and board) and cure (medical expenses) until they reach maximum medical improvement.  A Jones Act seaman may also pursue a claim against his or her employer for future wage loss, disability, and general damages.  

    If the cargo loading accident occurs while a ship is being loaded or unloaded on an inland dock or pier, the claim may fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which is a federal law.  Under the LHWCA, the injured worker is entitled to medical care and a percentage of their wages.  If a worker is permanently disabled, a payment schedule is used to calculate compensation.  

    Understanding what kind of claim you have and knowing your rights is critical to protecting yourself and your loved ones in the event of a maritime accident.   

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • What Type Of Damages Can I Claim Following A Maritime Accident At My Job?

    When a person who works on the water is injured, it is critical to know whether that person would be considered a Jones Act Seaman, Longshoreman, or otherwise.  Factors we consider in making this evaluation include the person’s job duties, how long they have been employed, whether they were permanently assigned to a vessel, and whether the accident took place when they were working in service to the vessel. 

    If a person is considered a Seaman for purposes of the Jones Act, their employee must continue to pay room and board payments (maintenance) and their medical bills (cure).  

    Additionally, a Jones Act Seaman is entitled to pursue claims for their pain and suffering and past and future lost wages.  If third parties are involved, the injured person could have additional claims as well.  

    Maritime accident claims can be extremely complicated and are very fact dependent.  Having an experienced Maritime lawyer on your side could mean the difference between being fairly compensated and missing out on claims to which you may be entitled.   

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • I Was Injured In A Louisiana Maritime Work Accident But Live Out Of State. What Should I Do?

    If you were injured while working on the water, a determination should be made by an experienced maritime attorney as to whether you qualify as a Jones Act Seaman for purposes of making a “Jones Act Claim,” or if your claim falls into another category, such as under the Longshoreman and Harbor Workers Compensation Act (LHWCA), or state workers’ compensation law.  

    Louisiana Maritime Injury Lawyer Flattmann Law

    A Jones Act claim is very different than an ordinary workers’ compensation claim and provides the injured worker with the right to pursue significantly broader claims.  

    If a lawsuit has to be filed under the Jones Act, the proper place (venue) for filing your lawsuit depends on many factors, including where the incident occurred, where the company is located, and whether any third-parties are responsible for your injuries.  Commonly, a decision must also be made as to whether the lawsuit should be file in state or federal court.  
     
    We help injured seamen navigate through the complex waters of their Jones Act claims.

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.