Understanding Your Rights Under the Jones Act

Most workers injured on the job are entitled to benefits through their state's workers' compensation system.

Maritime workers are different.

Most seamen who qualify for protection under the Jones Act are generally excluded from traditional workers' compensation programs and instead must pursue compensation under federal maritime law.

Because of that, understanding your rights after an offshore injury or vessel accident is extremely important.

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Proving Negligence Under the Jones Act

The Jones Act requires employers to provide seamen with a reasonably safe place to work and to exercise reasonable care in maintaining vessels and equipment.

Examples of conditions that may support a Jones Act claim include:

• Slipping on oil, grease, or other substances left on the deck.
• Being required to perform work without proper equipment.
• Receiving inadequate training to safely perform assigned tasks.
• Injuries caused by unsafe conduct of fellow crew members.
• Assaults committed by coworkers under circumstances where the employer may bear responsibility.

Unlike traditional workers' compensation claims, Jones Act cases require proof of negligence.

Fortunately for injured seamen, the burden of proof is generally much lower than in ordinary personal injury cases.

An employer may be held liable if its negligence played any part, even the slightest, in causing the injury.

Unseaworthiness Claims

Many maritime injury cases involve not only Jones Act negligence claims but also claims for unseaworthiness under general maritime law.

A vessel may be considered unseaworthy if equipment is defective, the vessel is inadequately staffed, crew members are improperly trained, or unsafe conditions make the vessel unfit for its intended purpose.

Because Jones Act and unseaworthiness claims frequently overlap, it is important to fully investigate all potential sources of recovery.

Maintenance and Cure

In addition to negligence claims, injured seamen are often entitled to "maintenance and cure" benefits.

Maintenance generally refers to daily living expenses while an injured worker is unable to return to the vessel, while cure refers to payment of reasonable and necessary medical expenses related to the injury.

Unlike a negligence claim, maintenance and cure benefits are often owed regardless of who caused the accident.

Damages Available in a Jones Act Case

Depending on the circumstances, an injured seaman may be entitled to recover damages including:

• Past and future medical expenses.
• Lost wages and loss of future earning capacity.
• Pain and suffering.
• Disability and physical impairment.
• Loss of enjoyment of life.

Every case is different, and the damages available depend heavily upon the nature and severity of the injury.

Time Limits Matter

Most Jones Act claims are subject to a three-year statute of limitations.

However, not every maritime injury falls under the Jones Act. Other maritime claims may involve different deadlines and different legal requirements.

For that reason, it is important to seek advice as early as possible following an offshore injury.

Jones Act cases may generally be filed in either state or federal court depending upon the circumstances of the case.

Have You Been Injured Working Offshore or on the Water?

If you have been injured while working offshore, aboard a vessel, or in another maritime setting, we would be happy to answer your questions and discuss your options during a free consultation.

Call our office at 985-590-6182 to learn more.

We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.