Jones Act

The Jones Act is federal legislation that regulates maritime commerce. one among the provisions of the law gives those that regularly face the perils of the ocean – merchant mariners, commercial fishermen, and tug boaters – with a right to sue their employers for injuries sustained within the course of their employment.

Unlike land-based workers who are covered by state workers’ compensation for on-the-job injuries, many maritime workers are protected by the Jones Act.

If you’re employed on a vessel and are injured thanks to the negligence of another, the Jones Act might apply to you.

You should seek compensation for your injuries by contacting an experienced New Orleans maritime injury attorney.

Jones Act Offers Protection to Seamen

The Merchant Marine Act of 1920, commonly called the Jones Act after its sponsor Washington Senator Wesley Jones, regulates maritime commerce during this country.

The Jones Act legislatively overruled prior Supreme Court precedent named The Osceola that prevented seamen from recovering for injuries caused by officers or crew. Congress determined seamen should have this right due to their exposure to the “perils of the ocean .”

For on the work injuries, the rights of seamen are superior to those of land-based workers and even other maritime workers.

In 46 U.S.C. § 30104, the Jones Act gives seamen that suffer injury or are killed during the course of their employment the proper to hunt justice through civil courts. Unlike most workers, they need the proper to sue their employer in tort and have a jury trial.

Congress borrowed language from the Federal Employers Liability Act when drafting the Jones Act. Thus, Congress gave seamen an equivalent causes of action that had been available to railroad workers, including the proper to sue their employers for private injury during a negligence claim.

Jones Act Employers’ High Duty of Care Owed to Seamen

Jones Act employers owe a high duty of care to their employees. The Jones Act imposes liability upon maritime employers for injury to a crew-member, whenever the evidence present that the employer’s negligence played any part, even the slightest, in producing the injury that damages are sought.

The employer’s high duty of care includes an obligation to supply the crew a secure place during which to figure , and safe work methods and a failure to try to to so gives rise to liability under the Jones Act.

Washington and Oregon maritime employers must act in unison with industry standards and regulations designed to guard workers employed within the often dangerous maritime commerce.

Failure to hold out the duty of care or, in other words, a breach of the duty of care, is named “negligence” under the overall admiralty law . Negligence includes both actions and omissions.

The sea may be a dangerous place to figure . Thus, it’s an employer’s obligation to make sure that precautions are in situ which procedures are properly executed so as to scale back those risks.

For instance, if a deck is slippery immediately after a crane leaks hydraulic fluid and there has been no time to mop it up, and you fall and have an injury, you’ll not have a Jones Act claim against your employer in Seattle or Portland.

On the opposite hand, if the deck is slippery and your employer knows it and does nothing about it, he could also be responsible for your injuries.

Types of Accidents Covered under Jones Act in Greater New Orleans Area

The seas are a particularly dangerous place to figure , with a really high rate of accidents, injuries and death. However, many of the injuries caused are preventable when proper procedures are implemented and followed and if everyone on the crew, including the supervisors, do their job.

When that doesn’t happen, your employer could also be guilty for not completing its obligations under the Jones Act. samples of accidents that occur on vessels hailing from Seattle and Portland include the following:

Amputated finger while bringing in nets;
Broken arm from a fall on a slippery deck;
Shoulder injury thanks to improper procedures;
Head injury from negligent crane operation;
Back injury during a factory processing accident;
Spinal cord injury from lifting heavy equipment;
Traumatic Brain Injury from overhead gear collapsing; or
Hypothermia and drowning from falls overboard.

The sea may be a dangerous place to figure . Thus, it’s an employer’s obligation to make sure that precautions are in situ which procedures are properly executed so as to scale back those risks.

For instance, if a deck is slippery immediately after a crane leaks hydraulic fluid and there has been no time to mop it up, and you fall and have an injury, you’ll not have a Jones Act claim against your employer in Seattle or Portland.

On the opposite hand, if the deck is slippery and your employer knows it and does nothing about it, he could also be responsible for your injuries.

Eligibility for the Jones Act’s Protections: Seaman Status

The Jones Act applies to “seamen.” This has been defined within the past to mean a person who is used in navigation, whose job contributed to the accomplishment of the vessel’s mission, or to the operation or maintenance of the vessel either stumped , at anchor or engaged in preparation for future trips.

The current test for seaman status was created by the Supreme Court of the us in 1995 during a case called Chandris, Inc. v. Latsis. The Fifth Circuit Court of Appeals, articulates the seaman status test as follows:

The maritime worker must prove that he or she was a “seaman” so as to recover under the Jones Act. To prove seaman status, the plaintiff must prove the subsequent elements by a preponderance of the evidence:

the plaintiff contributed to the mission or operation of a vessel or an identifiable group of vessels in navigation, whether underway or at anchor; and
the plaintiff had an employment-related connection to a vessel or an identifiable group of vessels, which was substantial in terms of both duration and nature.
The Fifth Circuit offers the subsequent commentary to further explain the test:

The phrase “vessel in navigation” isn’t limited to traditional ships or boats, but includes every sort of watercraft or artificial contrivance used, or practically capable of getting used , as a way of transportation on water.

The phrase “substantial in duration” means the plaintiff’s connection to the vessel or an identifiable group of vessels must be quite merely sporadic, temporary, or incidental.

The phrase “substantial in nature” means it must regularly expose him or her to the special hazards and drawbacks that are characteristic of a seaman’s work.

As a general rule, all officers and crew members permanently assigned to a vessel or an identified fleet of vessels under common ownership or control meet the test for seaman status.

The board definition covers a good range of marine-based employment — not just employees on traditional vessels, like fishing boats, tug boats, and tankers, but also many employees on processing barges, derrick barges and other floating work platforms.

Fishermen may qualify for the Jones Act’s protection if they’re injured within the shipyard preparing their vessel for an upcoming season, albeit they never stepped foot on the boat.

If you’re injured and aren’t sure whether you’d qualify as a Jones Act seaman, consult a replacement Orleans maritime injury lawyer. albeit you are doing not, you’ll have a claim under the overall admiralty law , LHWCA or state law.

What Seamen Can Recover Under the Jones Act: Money Damages

The objective of a Jones Act negligence claim is to form you whole for your injuries. you ought to be compensated for the injuries and therefore the damages that stem from those injuries.

The recoverable damages you’ll recover during a successful negligence claims are monetary compensation for the following:

Diminished earning capacity
Lost wages, past and future
Past medical bills
Pain and suffering
Lost future ability to figure
Future medical aid
Vocational rehabilitation
Mental anguish
Emotional distress
Loss of enjoyment of life
Permanent impairments
Your recovery depends on your case and what damages your lawyer can prove. Your New Orleans employer’s insurance firm may provide you with a settlement. The insurance company’s goal is to form your case get away with paying as little as possible.

Remember, the insurance representative handling your claim doesn’t work for you, but your lawyer will. Your lawyer can negotiate a far better settlement that more accurately reflects your damages.

Finding Jones Act Injury Attorney in New Orleans

If you’ve been injured while working on a vessel, you may have protections and the ability to recover for your damages under federal law.

Find out more about the average settlement under the Jones Act in New Orleans, and how the average Jones Act settlement varies.

Let the experienced attorneys for the Jones Act help you. Contact us today by sending an online message to set up a free consultation.