Often considered to be the center of the American domestic maritime industry, statistics show that Louisiana has almost 71,000 maritime jobs and is considered to be a major shipyard state. Although this is a major boost for our economy, our Houma Jones Act lawyer knows that this is also a major risk to our citizens. According to statistics from the Centers for Disease Control and Prevention (CDC), maritime workers are at a higher risk of injury or death than other workers. This is because of the unique risks posed by these maritime jobs, many of which are inherently dangerous but essential jobs for Louisiana and the United States. As a result, there are special laws in place like the Jones Act to help handle the increased rate of injuries for maritime workers. But despite the strong legal protections, many defendants or insurance carriers will undermine or outright deny valid claims. This leaves many injured workers asking do I have a Jones Act case?
Here at the Patrick Yancey Law Firm, we support injured maritime workers and their families by offering free case evaluations with our experienced Houma Jones Act lawyers. There is no obligation to sign up with our personal injury law firm either, but if you do hire us and if we accept your case, there are also no upfront legal fees either. Rather, we understand the physical, emotional and financial impact from a maritime injury case, and only charge a percentage of what we recover for you – and only get paid after we recover it for you in a settlement, verdict or another type of award. To learn more about how our compassionate and dedicated legal team helps maritime injury victims, schedule your free case evaluation today.
Officially known as the Merchant Marine Act of 1920, the Jones Act is a federal statute (or law) that has two main components which regulate maritime commerce within the United States and right here in Louisiana. The first part pertains to shipping between U.S. ports and sets forth certain requirements for businesses and employers. Whereas the second part enables injured maritime workers to recover compensation against their employers when their injuries were caused by unseaworthiness of a vessel or negligence.
The Jones Act is often compared to workers’ compensation but for maritime workers or seamen, however it has unique rules which are often considered to be stronger than workers’ compensation protections. This is particularly because it allows for an extended period of time to commence an action or claim, known as the statute of limitations, which is ordinarily three years from the date of the maritime injury or death.
Since the Jones Act is a federal law, it applies to maritime injuries that occur in Louisiana. However, not every injured maritime worker may have a Jones Act case. There are several requirements that must be satisfied in order for an injured maritime worker to recover compensation under the Jones Act.
Some of the important components of a Jones Act include the following:
Not all maritime workers may be entitled to bring a Jones Act case. Only maritime workers, also known as seaman, who are employed with a shipping company or to a specific vessel may bring a claim. However, maritime workers must also work at least 30% of their time with that shipping company or particular vessel. Moreover, a maritime worker must be employed on the vessel with the specific job-related assignments that are intended to help the shipping company or vessel complete its jobs.
Some examples of who may be entitled to bring a Jones Act case include the following:
However, the Jones Act may not cover all maritime workers. Rather, in some instances, these workers may be covered by the Longshore and Harbor Workers’ Compensation Act. Examples of workers who may not be covered under the Jones Act but the Longshore Act include the following:
Employers may be liable under the Jones Act for many different types of injury-causing accidents. These often require either unseaworthiness or negligence. Generally, unseaworthiness of a vessel means that the ship was unsafe, poorly maintained or not maintained, improperly equipped, or otherwise defective.
Whereas negligence could mean many different things, including something as broad as failing to maintain a safe working environment or as narrow as having improper safety rules or procedures for crane operators. Thus, while unseaworthiness may be more defined and specific, a claim based on negligence is more flexible and allows for an experienced Houma Jones Act lawyer to carefully consider many different factors during an investigation.
Some examples of the different types of unsafe conditions or types of accidents for which an employer may be liable to an injured maritime worker under the Jones Act includes the following:
Maritime workers who suffered an injury and may be entitled to bring a Jones Act case can recover certain compensation for their damages. Unlike workers’ compensation cases which limit damages to medical bills and disability, Jones Act cases are more similar to other types of personal injury cases which provide for a wider range of possible damages.
Some of the different types of damages that injured maritime workers may recover in a Jones Act case include the following:
Unlike other types of personal injury cases like car accidents or slip and falls, Jones Act cases are often more complicated and better defended by insurance companies. That’s because the damages that may be awarded are often greater than workers’ compensation cases. Therefore, even when a maritime worker is eligible and the cause of his or her injuries were caused by unseaworthiness or negligence, defense lawyers and insurance adjusters will still deny and vehemently defend otherwise valid claims.
At the Patrick Yancey Law Firm, our experienced Houma Jones Act lawyer is prepared and ready to defend the rights of injured maritime workers in Houma, Terrebonne Parish and the rest of Louisiana. To learn more about your rights to compensation under the law, contact us today by dialing (985) 313-9791 or by submitting a message through our contact form available on our website.
(985) 313-9791
