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 junior crewmember to the vessel’s captain. If employers don’t provide seamen with a reasonably safe work environment (in other words, if conditions on the vessel aren’t safe), the employers can be held liable for any resulting injuries.
The maritime industry is a major source of employment in Louisiana, so it should be no surprise that Jones Act claims frequently arise in this state. What follows are two recently filed Jones Act lawsuits.
Two Recent Jones Act Lawsuits Filed in Federal Court in Louisiana
On May 8, Chad Page filed a Jones Act lawsuit against his employer, Transocean Offshore Deepwater Drilling, Inc. Page alleges that he sustained serious injures because Transocean failed to provide a safe work environment or adequate equipment and failed to properly train and supervise employees. He argues that Transocean should be liable for his medical expenses, lost wages and pain and suffering.
On May 16, William A. Boggs III filed a Jones Act class action lawsuit against his former employers, alleging that he was exposed to asbestos fibers while working as a welder, welder-diver and boat captain. He was diagnosed with asbestos-related lung cancer in 2015.
Boggs alleges that AECOM Energy Construction Inc., Raymond-Dravo-Langenfleder, Dravo Corp. and Conrad Capital Corp. failed to provide clean air to breathe and the proper safety equipment. He also argues that they failed to warn him of the asbestos exposure.
What Is Asbestos?
Asbestos minerals are composed of durable fibers that are resistant to fire and many chemicals. Builders have incorporated these durable fibers into insulation and other construction materials since the 1800s. Unfortunately, we now know that if asbestos fibers can cause significant health problems if they become airborne and are inhaled, including:
- Asbestosis — as asbestos fibers are inhaled, they may become trapped in the lung tissue and eventually cause scarring, which can impede proper lung functioning; and
- Mesothelioma — a cancer of the outer lining of the lung and chest as well as the abdominal wall.
Keep in mind that asbestos lingers on your clothing, which can put your loved ones at risk of secondhand exposure.
Filing a Jones Act Lawsuit
Here are a few things to keep in mind about your Jones Act lawsuit:
- You must file your lawsuit within three years of the date of your injury.
- You don’t have to prove that your employer’s negligence was the only cause of your injury, but just a cause.
- You are entitled to compensation for your lost earnings, lost earning capacity, medical expenses, damages for pain and suffering and daily compensation for necessities like food and shelter.
Contact Us Today
Contact Patrick Yancey Law Firm today if you are an injured seaman or the survivor of a deceased seaman. We will help you receive the compensation that you deserve. Contact us today for an initial consultation about your case.