Louisiana Jones Act Lawyer

“A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer.” (10 USC 301)

What Does the Jones Act Do?

The Jones Act provides special protections and rights to seamen, as they are regularly required to work in dangerous conditions. These protections were initially outlined for railroad workers in the Federal Employers Liability Act (FELA) and later extended to seamen under the Jones Act.

As a seaman, you undertake extraordinary risk to fulfill your duties. Due to the risky nature of the job, FELA allows for compensation for pain and suffering resulting from injury or death caused by the negligence of your employer.

Settlements under the Jones Act are generally far greater than those given by the Workers’ Compensation Law. According to the Supreme Court, negligent behavior by the employer must only be “featherweight” for you to qualify for damages under the Jones Act. Even so, as a seaman you bear the burden of proof and a skilled maritime attorney can help you demonstrate your employer’s negligence.

Experienced Maritime Attorneys

In the event that you are injured or your loved one has suffered death while employed as a seaman, contact the Jones Act Lawyer at Lamothe Lea Aertker, LLC immediately. Do not sign any waivers or accept a Workers’ Compensation settlement before talking to one of our knowledgeable maritime attorneys. LLA will carefully review your case and ensure that you do not lose any claim to the full amount of compensation for your pain and suffering.

Who Does the Jones Act Protect?

The Jones Act extends protection to all seamen who are injured in the course of employment, whether the injury happened on board the vessel, in transport to the vessel or on land while the vessel was docked.

To qualify as a seaman you must:

• Contribute to the functioning of a vessel while it is in navigation
• Have a long-standing relationship with the vessel or employer
• Spend at least 30 percent of your time working on a vessel

This includes, but is not limited to, the following positions:

• Control room operator
• Cook
• Crane operator
• Cruise director and staff
• Deck crew
• Deckhand
• Derrick hand
• Diver
• Drill crew
• Electrician
• Entertainer
• Equipment operator
• Fisherman
• Foreman
• Mechanic
• Medical staff
• Motor hand
• Officer
• Rig manager
• Roughneck
• Roustabout
• Service and hospitality steward
• Ship captain
• Steward
• Tanker man
• Tool pusher
• Utility worker
• Wait staff

Not all injury is physical. The Jones Act extends protection for mental and psychological distress and injury if it was caused by:

• Physical injury
• The risk of physical injury
• Intentional infliction by an agent of the vessel

If you have doubts about whether you qualify as a seaman under the Jones Act, do not hesitate to call our Jones Act lawyer. Your best move is to talk to one of our experienced maritime attorneys who are familiar with maritime law and the Jones Act. Even if you do not qualify for protection under the Jones Act, there are other avenues of maritime law that could provide you with the financial relief you deserve. We are dedicated to ensuring that you get the full amount due to you.

What Injuries are Covered by the Jones Act?

Seamen are constantly exposed to the dangers of the sea and it is an employer’s obligation to ensure working conditions that allow them to fulfill their duties safely and also to provide adequate medical care in the case of injury or illness. When injury occurs it is often very serious and debilitating. Common injuries that may occur include:

• Skeletal Injury
• Knee injury
• Shoulder injury
• Spinal injury
• Herniated discs
• Spinal fusion
• Torn discs
• Fractured vertebrae
• Lower back injury
• Broken bones
• Crushed limbs
• Muscle and ligament tears
• Central nervous system damage
• Concussion
• Brain and brain stem injury
• Spinal cord trauma
• Ruptured blood vessels
• Spinal cord injury
• Organ Damage
• Internal trauma
• Lung damage
• Eye injury
• Damage to ears and hearing
• Burns from heat or chemicals
• Infection
• Complications arising from lack of medical care
• Post Traumatic Stress

Your employment contract does not revoke your rights. The Jones Act renders void any part of a contract that limits the liability of an agent of the vessel in regard to personal injury or death due to negligence or fault. In other words, you cannot sign away your right to pursue action against and collect damages from your employer if you have been injured during your time of employment.

There are a variety of vessels upon which workers may be entitled to compensation under the Jones Act, including but not limited to the following:

• Barges
• Casino boats
• Commercial maritime vessel
• Crew boats
• Cruise ships
• Dredges
• Floating docks
• Fishing vessels
• Freighters
• Jack-up rigs
• Offshore tugs
• Offshore platforms
• Oil rigs
• Semi-submersible rigs
• Supply boats
• Tankers
• Towboats

My contract mentions a personal injury claim, which I have not made. Can I still take action?

For seagoing vessels, contracts must allow for a time period of at least six months to file a claim for personal injury and at least one year to bring civil action. Even in the event that no notice was given within that time period, recovery of damages is still possible if any of the following are true:

• The agent of vessel had full knowledge of the injury or death
• There is a satisfactory reason why notice could not have been given
• The owner of the vessel fails to object to the failure to give notice

Do not allow a contract to keep you from discussing your options with an attorney. The relationship between your contract and the law is not always straightforward. Never assume that you have waited too long or have forfeited your rights to take action. Contact LLA and have your contract carefully reviewed before you decide to settle for less.

What Can the Jones Act Do for Me?

The Jones Act maintains your right to damages due for injury or death suffered while performing the duties of a seaman. Among those damages are those promised by the Supreme Court in the 1903 case, The Osceloa. Supreme Court precedence and the Jones Act guarantee a seaman’s right to:

• Maintenance and Cure: Maintenance is a daily allowance for room and board that continues until the seaman has reached maximum medical cure. This means that if the seaman is still disabled and unable to work but is no longer getting any better, then maintenance payments can still be stopped. Cure refers to the medical costs, which must be paid by the employer only until the seamen reaches that same maximum medical cure.
• Unearned Wages: An injured or sick seaman must be paid the wages he or she would have earned during the voyage. This includes base pay, share in catch, employment benefits as well as overtime and bonuses potentially earned.
• Damages for Personal Injury: These damages may extend to monetary compensation for future unearned wages due to disability, pain and suffering, loss of quality of life, future medical expenses and much more.

I Might Lose My Job.  Why Should I File a Jones Act Claim?

Although you may receive clearance from a company doctor, there is no guarantee that you are actually fit enough to continue to work. Filing a lawsuit becomes more difficult, although not impossible, if you have returned to work and found that after several months your condition has worsened, and you can no longer function on the job site. The Jones Act protects your right to see a doctor of your own choosing so that you can determine the true extent of your injury. Jones Act claims provide for personal damages that go beyond maintenance and cure and unearned wages. Jones Act settlements tend to be much larger because they compensate you for permanent losses, future expenses and life changes due to your injury.

Jones Act Death Claims

The work and life of a seaman is very dangerous. This not only affects the seaman, but also his or her family and those who depend on him or her. If you have lost a loved one due to the negligence of his or her employer or the lack of seaworthiness of the vessel upon which he or she was employed then you may bring action against the employer. Should your loved one pass away while pursuing a Jones Act claim, then you and other dependents can pursue a wrongful death claim.

Death on the High Seas Act

This is included in the Jones Act. This act provides for families who have lost loved ones due to wrongful action, neglect or default on the high seas beyond three nautical miles from the shore of the United States (46 USC 303).

Act now. The statute of limitations on filing Jones Act claims is 3 years, but the sooner after your injury you speak with an attorney the better. That being said, even if you suffered from an injury that still haunts you after months or even years, you may still qualify for Jones Act compensation.

The Jones Act has Helped Louisiana Seamen Win Compensation

Jones Act settlements can range from tens of thousands to millions of dollars, depending on the severity of the injury and its long-term effects. At Lamothe Lea Aertker, LLC, we have successfully defended Jones Act seamen. In a recent case, our Jones Act attorneys represented William Wade, a seaman who suffered severe lower back injury resulting in spinal damage. Mr. Wade’s employer, Horizon, agreed to a substantial settlement just before the case went to trial.

Serious injury can leave you with huge medical expenses and the inability to provide for yourself and your family. The Jones Act helps protect and provide for injured seamen, as it did in the following cases:

• $7.15 million was awarded to a seaman who was wheelchair bound by complications due to a ruptured blood vessel in his brain stem
• K. Darren was awarded $2.2 million for the loss of his thumb
• $1.9 million received by a seamen for a nerve injury in his left leg resulting in significant disability
• Commercial diver received $1 million for physical and emotional injury due to an air system failure
• Billy Ray McDaniel was awarded $895,000 for a single level cervical fusion in his case against Hargett Marine, Inc.
• J. Hank was awarded $500,000 for multiple fractures in his right leg
• James Williams was awarded $312,500 for a torn medial meniscus in his case against Conoco, Inc.

Ask any Jones Act question, and we’d be glad to help.

If you or someone you love has suffered injury or death as a seaman, please contact the law firm of Lamothe Lea Aertker, LLC today online or by phone at 877-249-6801 to discuss your status under the Jones Act and to see if you are eligible for compensation.  We offer a free consultation during which we will discuss your legal rights and options. 

Sources:

• http://supreme.justia.com/us/189/158/ – Supreme Court case: The Osceloa