What is the Jones Act?

The Jones Act was passed to help guarantee legal rights and protections to maritime workers who have been injured on the job or to the surviving family members of maritime workers who suffered fatal injuries while working at sea. Under the Jones Act, all qualifying seamen are entitled to maintenance and cure.

Under the Jones Act, an injured seaman has a method to ensure financial compensation for a maritime lawsuit. To bring a successful Jones Act claim, an individual who qualifies for seaman status must prove that their maritime injury occurred at sea or while working as a harbor worker and that their employer was somehow negligent, resulting in the injuries or deaths. Even if the ship owner’s or employer’s negligence was minor, injured seamen and their representatives still have the right to recover compensation under the Jones Act. If a worker dies from a fatal accident caused by their employer’s negligence, their family members can seek compensation under the Death on High Seas Act.

Financial recovery for Jones Act claims is not a simple and straightforward process. Each accident, maritime occupation, and maritime employer is different, so every case is unique. To ensure that you recover the compensation you deserve, it is highly recommended that you retain professional legal representation from an experienced maritime injury lawyer. Contact our law firm for legal assistance.

When Can Employers Be Held Liable for Maritime Accident Injuries Under the Jones Act?

Employers are responsible for maintaining a safe working environment and working conditions for their employees at all times. Failure to do so could be considered negligence, making them liable for damages.

Examples of unsafe conditions that an employer could be held accountable for include the following:

  • Access to personal protection equipment (PPE)
  • Assaults by coworkers while on the job
  • Broken equipment
  • Failure to provide the crew members with proper equipment
  • Grease, oil, or other slippery substances on the deck
  • Improper or inadequate training of the seaman and the crew
  • Improperly maintained vessel
  • Inadequately maintained equipment
  • Negligence of the seaman’s coworkers, which directly results in an accident and  personal injury
  • Understaffing issues
  • Unsafe work methods

Who is Considered a Seaman Under the Jones Act in Louisiana?

The Jones Act only protects seamen who meet certain criteria. While the Jones Act does not narrowly define seamen, various courtroom decisions have helped clarify who is and who is not covered by the Act.

Firstly, a maritime employee’s workplace duties must directly contribute to the function of a maritime vessel or to the accomplishment of its mission. Secondly, the seamen must have a connection to a vessel in navigation, which is considered substantial in terms of duration and nature.

While other laws and regulations can help ensure that injured seamen get the compensation they deserve regardless of how the injury occurred, the Jones Act is expressly for instances where a maritime worker was injured due to employer negligence in an accident that could have easily been prevented.

To qualify for Jones Act protection, you must be assigned to a vessel or a fleet of vessels, those vessels must be in navigation, your work must directly contribute to the function of the vessel or its mission, and your connection to the vessel or vessels must be substantial in terms of duties and duration.

Potential qualifying seamen include almost anyone working aboard a maritime vessel, including cooks, deckhands, electricians, engineers, bartenders, phone operators, and even musicians on cruise ships.

What Are the ‘Vessel in Navigation’ Requirements?

A vessel ‘in navigation’ is a significant factor in determining whether you qualify as a seaman under the Jones Act. Under the Jones Act, a vessel in navigation essentially means that the vessel must be afloat, capable of moving, in active operation, and on navigable waters. The vessel does not need to be at sea or moving for a qualifying seaman to receive the protections afforded to them by the Jones Act. It simply must be capable of moving under its own power or to be sailed if it is a sailboat. Vessels could be tied up at the dock, and injured workers could still have Jones Act protection. However, the vessel must not be in drydock or out of the water.

The Jones Act applies to the qualifying seamen who work on numerous types of maritime vessels, including:

  • Barges
  • Cargo ships
  • Cruise ships
  • Fishing vessels
  • Floating cranes
  • Recreational vessels
  • Semi-submersible ships
  • Towboats
  • And more

Under the Jones Act, certain maritime workplaces do not qualify as vessels and navigation. These include oil drilling platforms, casino barges, and newly built vessels undergoing trials to ensure they are seaworthy before delivery to their owners.

What is the ‘Significant Amount of Time’ Qualification?

Part of the Jones Act requires that a seaman have spent significant time working aboard the seagoing vessel before their workplace injury. The law does not give an exact amount of working time aboard the vessel or a clear definition of what constitutes a significant amount of time. In previous cases, it has been determined that a significant amount of time is at least 30%.

How Are Seamen Compensated for Injuries Sustained on the Job?

The Jones Act has provisions related to maintenance and cure. Maintenance is the financial compensation provided to the injured individual to cover their basic living expenses, lost wages, and lost income earning capacity. Cure is the financial recovery provided for medical care and treatment for the injured seaman until they are able to return to work.

The benefits of filing a Jones Act claim include the following:

  • Lost quality of life
  • Lost wages and lost income-earning capacity
  • Mental anguish and emotional distress
  • Pain and suffering
  • Past medical bills, current medical bills, and future medical expenses
  • Physical therapy expenses

How Long Do You Have to File Your Jones Act Claim?

In most cases, injured seamen have three years from the date of the injury accident to file Jones Act claims. If you do not file your personal injury lawsuit or Jones Act claim within the statute of limitations, your potential to recover compensation may be dismissed.

Contact Our Law Firm to Schedule Your Free Case Review Today

For more information on the Jones Act in Louisiana and whether you meet the key criteria to qualify as an injured seaman, please contact our Louisiana law offices to schedule your free initial consultation today. In your free case evaluation, we will review your legal options and help direct you on the most optimal path forward as you pursue compensation for your injuries caused by employer negligence.

Contact our law firm at 225-240-4053.