Experienced Maritime and Offshore Injury Attorneys

The Jones Act is a law enacted by Congress that provides protection to persons (“seamen”) who are members of the crew of a vessel. The Jones Act applies to inland river workers as well as offshore workers who work on a jack-up rig, semi-submersible, barge, drill ship, tug / towboat, crew boat , drill ship, dredge, floating crane, tanker, cargo ship, fishing vessel, chemical ship, research vessel, construction barge, lay barge, motorized platform, diving vessel, cruise ship, recreational boat or other floating / movable structures.

The Jones Act governs the liability of vessel operators and marine employers for the work-related injury or death of an employee. It is a federal cause of action, meaning that the United States Congress intended for all seaman’s injuries throughout the nation to be guided by the same liability standards of the Jones Act.

Although the Jones Act protects seamen, it is not the same as workers’ compensation. It does not require payment regardless of fault. In order for a crew member to recover under the Jones Act, he must prove some negligence or fault on the part of the vessel’s owners, operators, officers, and/or fellow employees or by reason of any defect in the vessel, its gear, tackle or equipment.

The Jones Act provides an injured seaman a remedy against his or her employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a ship or vessel. This means that the employer must do something unreasonable or fail to perform a reasonable act that would have prevented injury in order for the seaman to win his claim. An injured worker’s maritime claim under the Jones Act can also raise claims against a vessel’s owner that a dangerous condition existed on the vessel that made the vessel unseaworthy.

If you are a crewman on a boat or vessel and were injured while working, you will be entitled to sue your employer for injuries caused by your employer’s negligence under the Jones Act. Offshore drilling rigs, drill ships, barges and other motorized structures which are moveable and which float from hole to hole (semis and jack-ups) are considered vessels under the Jones Act.

If you are a member of the crew of such a vessel and were injured while in the furtherance of your employment, then your employer will also be responsible for paying your medical bills (called cure) and paying you a small daily allowance (called maintenance) during the time you are injured. In addition, you may be able to file a lawsuit against your employer if your employer was negligent or if there was something wrong with the vessel which made it unfit for its intended purpose.

In a Jones Act lawsuit, you may seek to recover past and future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to perform household services and take care of yourself, and other damages recoverable under the maritime law.

The General Maritime doctrine of unseaworthiness imposes an absolute and non-delegable duty by shipowners to provide a vessel that is reasonably fit for its intended purposes or for its intended voyage. You do not need to prove negligence to prevail on an unseaworthiness claim. You only need to show the vessel or its equipment has some deficiency which caused your injury. This type of claim requires you to show the vessel has a defective condition or unsafe equipment. This could involve poorly maintained equipment, an inadequate crew, lack of safety, lack of handrails, lack of proper safety procedures or training.

An unseaworthiness claim can be brought with a Jones Act claim which provides a statutory right to jury trial, both claims may be tried to a jury. A claim based on unseaworthiness must be brought within three years.

The unseaworthiness remedy does not extend to passengers or persons transiently aboard a vessel.

General Maritime Law negligence claims are available for injury or death cases occurring in navigable waters of the United States, including state territorial waters. These claims are for persons who are not Jones Act seamen or entitled to remedies under the LHWCA. They are governed by a three-year statute of limitations.

These claims typically would be brought by passengers on vessels where they are injured due to the crew’s negligence. If an offshore worker is injured on a crew boat ride, he could bring such a claim.

These claims can be brought in either federal or state courts.

Under the Longshoremen and Harbor Workers Compensation Act (“LHWCA”), 33 U.S.C. § 905(b), an injured offshore worker may bring a claim of action for personal injury or death against a vessel owner or other third party that is not his employer or the negligence of the vessel owner or third party. These claims must be brought with three years.

These claims can be brought by workers on vessels who are not Jones Act seamen. Typically service company hands who are only on drilling vessels such as a jack-up rig for a brief period of time will bring these claims.

A seaman who suffers illness or injury while “in the service of the ship” is entitled to recover maintenance and cure from his employer. It is awarded to compensate the seaman for medical and living expenses until the seaman reaches what the law deems “maximum medical cure.”

Maintenance is a daily amount the employer must pay the injured seaman until he recovers. Cure is a term for the medical care of the seaman that the employer must provide. To recover maintenance and cure you do not need to show your employer was at fault. It is a no fault remedy arising from the seaman’s contract with his employer. A claim for maintenance and cure must be brought within three years.

The Outer Continental Shelf Act expressly provides that fixed platform workers whose injuries arise out of operations on the Outer Continental Shelf are entitled to workers’ compensation benefits under the LHWCA from their direct employers.

They are also entitled to bring third party negligence claims again companies other than their own employers for injuries. The law of the closest state applies to these claims. Therefore, if you are injured off the coast of Louisiana – Louisiana law will apply.

The LHWCA allows qualified injured workers to receive federal workers’ compensation type benefits for their injuries without regard to fault. The compensation is more limited than that allowed under the Jones Act.

This means if you are injured on a fixed platform in the Gulf of Mexico, you have a right to Longshore compensation benefits regardless of fault.

Other workers covered by the Longshore and Harbor Workers’ Compensation Act include longshore workers or other persons in longshore operations, and other harbor workers including ship repairers, shipbuilders, harbor construction workers and shipbreakers. Seamen covered under the Jones Act and other workers covered by their state workers’ compensation law are not covered under the LHWCA.

The payments for disabled employees are paid at a rate of 66 2/3% of the employee’s average weekly wage for as long as the disability from the injury continues. This rate is subject to weekly maximum and minimum rates. Compensation is also available for certain permanent impairments. Benefits paid to a surviving spouse are paid at 50% of the deceased’s average weekly wage, and an additional 16 2/3% is payable to any surviving children.

Time is of the essence when initiating a claim for benefits under the Longshore and Harbor Workers’ Compensation Act. An injured employee must notify his or her employer of the injury or illness within 30 days of its occurrence, and a formal claim for benefits must be filed within one year of the date of the harm the worker has suffered.

These claims are handled through the United States Department Labor and are considered federal compensation claims.