Practice Areas: Offshore Jones Act or Maritime Incidents

Maritime or Jones Act

The Law Office of Patrick H. Yancey, located in Houma, Louisiana specializes in representing persons injured while working as a crewmember on a ship, tug, supply vessel, crew vessel, jack-up vessel, derrick barger, pipe lay barger, or any other type of vessel. Our firm provides direct and applied knowledge of the types of equipment and technology used on boats, ships, and other offshore vessels. We understand the work environment of offshore roustabouts and riggers and know through first-hand experience the types of machinery that is operated and used, as well as the dangers created by the various tasks performed in the industry. Our knowledge of the offshore oil and gas industry from the position of roustabout to engineer, coupled with our experience in maritime and Jones Act law assists our legal team in producing exceptional results for our clients.

There are select maritime laws, including the Jones Act, which can help you if you have been injured at sea in a rig, derrick barge, tugboat, or other type of boating incident. Our firm is fully trained and experienced in representing injured seaman.

What is the Jones Act?

The Jones Act is a federal law that was passed by Congress in 1920 specifically to protect seaman injured on the job where the cause is negligence or error. If an employer unjustly fails to protect workers from injury or prevent injury, a seaman can bring a claim against the vessel's owner.

Who is a Seaman?

According to the Jones Act, a seaman is one who works as crewmembers of a vessel on rivers, offshore waters, or oceans. Offshore vessels include drill ships, jack-ups, floating barges, diving vessels, cruise ships, tankers, cargo ships, fishing boats, and other work related water worthy crafts.

The essential characteristics of a seaman are: contribution to the functioning and operation of the vessel, establishment as a vessel crewmember, and determination of sufficient relationship to the vessel(s). Only a seaman can recover damages under the Jones Act. We have the experience you are looking for to help determine your seaman status and move forward with a lawsuit if necessary to recover compensation. Under the Jones Act, you can recover:

"Maintenance" -a daily compensation designed to provide necessities such as food and shelter, which the seaman would have when working on a vessel. There is a range of "maintenance" fees from approximately $15.00 to $35 per day.

"Cure" --- the employer's coverage of any and all medical expenses related to the injury until such time that the seaman could return to work or until the seaman is designated permanently disabled.

Lost wages from the time of injury to trial

Future lost wages

In the event of a wrongful death, the surviving family members could become the recipients of Jones Act settlements

Jones-Act litigation may be initiated up to three (3) years from the date of a seaman's injury.

Unseaworthiness

In some cases, claims can be made against the vessel owner, not the seaman's employer. General Maritime Law states that a vessel owner has a duty to provide a seaworthy vessel - one fit to work and live. The vessel should also be outfitted with the proper safety gear and have a competent crew.

A claim of unseaworthiness includes unsafe conditions existing on the vessel and its equipment, including dangerous conditions arising during the voyage or created by employees or independent contractors. An unseaworthiness claim will bring the owner into a lawsuit as an additional source of recovery for the seaman. As with the Jones Act, an unseaworthiness claim must be filed within three years of the injury, and must be combined with a Jones Act claim.

General Maritime Law Negligence

Seamen may also be entitled to sue under the general maritime law for negligence. If an employer is negligent if he or she commits an act which a person exercising ordinary care would not do under similar circumstances, or fails to do what another person exercising ordinary care would do under similar circumstances.

Longshore Harbor Workers Compensation Act (LHWCA) - 905(b)

The Longshore and Harbor Workers' Compensation Act (LHWCA) provides for compensation and medical care to employees disabled from injuries that occur on the navigable waters of the U.S., or in adjoining areas used in loading, unloading, repairing or building a vessel. The Act also offers benefits to dependents if the injury causes the employee's death. The term "injury" includes occupational disease arising out of employment.

The Act covers workers employed in maritime occupations, including longshore workers or other persons in longshore operations, and any harbor workers, including ship repairers, and shipbuilders.

If you have been injured because of the negligence of the vessel, then you may be entitled to recover damages by bringing a claim against the vessel. For example, if you were a stevedore and your injury was sustained as a result of the vessels unsafe conditions, you may have a practical claim under 905(b) of the LHWCA.

Contact our office for a consultation if you are have been injured on the job while in service to a vessel.

Extensive Offshore Experience as a Petroleum Engineer and a Roustabout