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On June 5, 1920, President Woodrow Wilson signed the Merchant Marine Act of 1920 into law. The law is sometimes called the Jones Act, after the bill’s author, Sen. Wesley Jones of Washington. The law’s main purpose is to promote and regulate maritime commerce in U.S. waters; in other words, the transportation of goods by… Read More
Posts Categorized In: Maritime Injury
Louisiana Has Unusually High Rate of Work-Related Illnesses and Injuries
When neighbors gather on a summer evening in Houma, one of the most fun ways to pass the time is to listen to people trade stories of the physical and emotional strength they have had to display just to do their jobs. Many of the jobs that fuel Houma’s economy are physically demanding. You may… Read More
Understanding Per Se Negligence and Inspected Vessels
Understanding Per Se Negligence and Inspected Vessels In May 2015, Justin Shawler allegedly fell while onboard a boat near Venice, Louisiana, tumbling from the bridge deck to the lower cockpit deck. He sustained multiple injuries. Shawler took the offshore fishing trip with a group of business partners. He claims that everyone onboard the vessel, including… Read More
Punitive Damages Available in Louisiana under General Maritime Law
Louisiana law has limited circumstances that allow punitive damages. But the Louisiana Supreme Court ruled last year that the state can award punitive damages for accidents arising under federal maritime law. What Are Punitive Damages? There are two types of damages: compensatory and punitive. Compensatory damages are designed to make the victim whole. For example,… Read More
Maritime Workers and Occupational Health and Safety Requirements
There are several federal laws that regulate maritime worker safety, including the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and general maritime law. But there’s another federal law that also sets safety standards for the maritime industry. That is the Occupational Health and Safety (OSH) Act, which is implemented by the federal Occupational… Read More
What Federal Law Applies to Offshore Drilling Injuries?
Dozens of offshore oil-and-gas production platforms were evacuated in the Gulf of Mexico last month to protect workers from Hurricane Harvey. According to the U.S. Bureau of Safety and Environmental Enforcement, as of August 29, 2017, workers from 102 platforms (out of 737 manned platforms in the Gulf) and 5 drilling rigs (out of 10)… Read More
Seamen, Maritime Workers Should Prepare for Hurricane Season
It’s officially hurricane season, and seamen and other maritime workers need to take extra precautions. In fact, forecasters from the National Oceanic and Atmospheric Administration predict that the 2017 hurricane season will be more active than normal. While no hurricanes have formed yet, tropical storm Cindy recently made landfall in Louisiana before weakening into a… Read More
Company Asks Court to Determine Whether Injured Worker Is Seaman
An Assumption Parish man and Viral Investments, LLC (doing business as DHD Offshore Services) can’t agree on whether the man is an “injured seaman” within the meaning of the Jones Act. In fact, the company has filed a complaint for a declaratory judgment, which essentially means that it is asking a court to say that… Read More
Two Recently Filed Jones Act Lawsuits
Maritime workers who are injured on the job may bring a claim under the Jones Act, a federal law that protects injured seamen and allows them to recover damages from negligent employers. (A seaman is someone who performs a significant amount of work on an offshore vessel.) The Jones Act covers everyone, from the most… Read More
Which Law Applies: Maritime Law or Louisiana Law?
Injured Offshore Well Worker A federal appeals court recently held that maritime law applies to a case involving an injured offshore well worker. The question in the case was whether Louisiana law or maritime law should be used to interpret the contract that resulted in the injury. Background This lawsuit involved a contract to perform… Read More
