Understand Your Rights Under The Jones Act
In its origins, the “Jones Act” was essentially a way to codify centuries old law that had protected seamen over the last 1000 years. As a Seaman, you belong to a proud and yes, ancient profession.
The Jones Act covers seamen, deckhands, engineers and others on commercial vessels. You have a right to work in a safe environment on board and when injuries occur a seaman cannot file a traditional workers’ compensation claim to pay for medical treatment or lost and future wages. Instead, they may make claim for the negligence which caused their injury and for Maintenance and Cure to pay their bills and provide medical treatment.
The United States Constitution gives the seaman the right to proceed in State or Federal court and this is a choice that takes experience.
Evaluating Jones Act Negligence Takes Experience
What does employer or vessel owner negligence look like? Employer negligence can include:
- Not providing proper safety and working equipment
- Not maintaining the vessel and the equipment on it
- Lack of proper crew or training
- Neglecting slippery surfaces
- Unsafe equipment
Even if you may not be sure who is at fault for your injury on the water, you may still be able to file a lawsuit for compensation to pay for medical treatment for your injuries, rehabilitation, lost wages, future wages and other damages.
How Do I Know If My Injuries Qualify For Jones Act Provisions?
First, a common misconception, you do not need to be on board the vessel at the time of your injury. In fact, under certain circumstances, you may be covered even when on shore. Another potential misconception is that you are not covered because you are assigned to multiple vessels, a fleet rather than a single vessel. Evaluating these facts takes experience but you likely will be covered.
If you spend at least 30% of your time in service of a vessel or fleet of vessels on the water, you will most likely qualify and Jones Act provisions will enable you to file a claim against the vessel owner or your employer if you are injured at sea while working as a:
- Deckhand
- Seaman
- Engineer
- Navigator
- And others
The key to a successful claim is to:
- Report your injury to through the proper channels as soon as possible.
- File an accident report with an official description of the accident and your injuries.
- Get medical attention right away and keep your medical records.
- Speak with an experienced maritime lawyer as soon as you are able.
Even if you don’t spend that much time on a vessel or fleet of vessels, other regulations, such as the Longshore and Harbor Workers’ Compensation Act could be useful if your time on the water at work falls under 30%.
Contact Chouest & Smith As Soon As Possible Following Injury
Delaying can cost you. Maritime regulations have many nuances that only an experienced maritime lawyer is qualified to address when it comes to protecting your rights under the Jones Act for your injuries. Our attorneys have that experience. Call Chouest & Smith in Metairie at 504-455-1200 for a free consultation. If you prefer, send us an online inquiry to make arrangements for a meeting. We have been serving clients in throughout Louisiana and the Gulf Coast for more than 40 years.
Our Primary Focus
Helping People Who Are Injured In Accidents
At Chouest & Smith, our experienced attorneys provide as much education as humanly possible for our clients to understand. Before we meet with you, we think ahead about what you would want to know – and what you need to know – about the law surrounding your particular type of injury.