Louisiana Jones Act Attorney
Everyday seamen face dangerous working conditions that do not surface in the traditional workplace. Because of the very physical nature of work at sea, countless offshore workers sustain injuries each year. Unfortunately, many of these injuries are a direct result of an employer’s negligence and are entirely preventable in the view of our Louisiana Jones Act lawyers.
The Jones Act is a federal law that provides special protections and rights to seamen. The Jones Act allows a seaman who suffers an injury in the course of his or her employment to obtain maintenance and cure benefits and to bring a civil action against his or her employer. The Jones Act, together with the Longshore Harbor Workers’ Compensation Act (LHWCA), provides remedies to certain maritime workers for injury and death. Specifically, the LHWCA provides a workers’ compensation remedy to employees injured in the course and scope of maritime employment upon navigable waters, while the Jones Act provides injured seamen with a cause of action for employer negligence.
Our Louisiana Jones Act lawyers can explain its provisions to you and discuss your options under the law.
Broussard, David & Moroux has a track record of success in representing injured seamen under the Jones Act. If you or a loved one sustained an injury while working offshore, you should contact an experienced attorney to learn about your legal rights. Based in Louisiana, our Jones Act attorneys are available to help you understand your legal rights and to work to ensure that you are fully compensated for your injury.
To schedule a complimentary consultation with a Jones Act lawyer in Louisiana, contact Broussard, David & Moroux at 888-337-2323 (toll-free) or 337-233-2323.
A Seaman’s Rights
Do not settle for your employer’s rendition of your rights. Seamen enjoy several rights under the Jones Act. Of these rights, perhaps the most important is the seaman’s right to receive maintenance and cure benefits regardless of fault.
By law, injured seamen are entitled to receive maintenance and cure benefits. Maintenance and cure payments include financial compensation for an injured seaman’s medical expenses, reimbursement for physical therapy, the recovery of lost wages, and a daily stipend for living expenses throughout recovery. An injured seaman is entitled to receive these payments until he or she reaches a point of maximum medical improvement—a point where the medical condition has been cured or will no longer improve with treatment.
If your maintenance and cure benefits do not adequately compensate you, you should speak with a Jones Act lawyer to learn about your rights under federal maritime law.
What Must be Proven to Recover Under the Jones Act?
In order for an injured seaman to recover under the Jones Act, he must first prove his seaman status. A court determines seaman status based on the nature of the injured individual’s employment, including the characteristics of the vessel and the circumstances surrounding the injury. The person must be a member of the vessel’s crew. Land-based employees are not entitled to recover under the Jones Act, but may be entitled to recover under other maritime law statutes.
Next, the injured seaman must prove that his injury resulted from employer negligence or that the vessel’s owner or operator kept the vessel in unseaworthy condition. A vessel is unseaworthy if the vessel was not reasonably fit for its intended purpose.
What Type of Recovery is Available Under the Jones Act?
Under the Jones Act, an injured seaman can recover maintenance and cure. Maintenance is a small daily allowance intended to provide some compensation for lost wages. Cure compensates an injured seaman for medical treatment and related expenses.
Upon proof of a vessel owner’s negligence, a seaman can recover additional compensation above and beyond maintenance and cure. This includes medical treatment, hospital bills, rehabilitation, and even compensation for the loss of future earning capacity.
Claims of Unseaworthiness
All too often, ship owners and employers fail to provide reliable equipment and safe working conditions for seamen. If a vessel is not fit for sea, a seaman can file a lawsuit against the employer or vessel owner under the Jones Act.
A claim for “unseaworthiness” imposes strict liability on the employer or vessel owner if the vessel was “unseaworthy,” or not fit for its crew when the injury occurred. A vessel is unseaworthy if it contains defective equipment or poses hazardous working conditions. Even if the employer is unaware of the condition, they can still be held liable.
Jones Act Claims
An injury at sea can have a devastating impact on a seaman and their family. Under the Jones Act, a seaman can file claims under several different legal theories based on federal law. The two most common are negligence and unseaworthiness.
Negligence Claims
A seaman must show that the employer or vessel owner owed a duty to the seaman, breached that duty, and caused the injury. This may involve complex evidence, making it essential to consult with an experienced Jones Act attorney.
Unseaworthiness Claims
This requires only the presence of an unsafe condition or defective equipment. The vessel must be unfit for its intended purpose. Liability is strict—meaning the employer is liable regardless of fault. Damages may include medical expenses, pain and suffering, and lost wages.
Wrongful Death Claims Under the Jones Act and Death on the High Seas Act
The Jones Act can also supplement the Death on the High Seas Act (DOHSA), codified in Chapter 303 of Title 46. This law provides a wrongful death cause of action when a seaman is killed due to a wrongful act, neglect, or default occurring on the high seas.
A personal representative may bring this action for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative. Compensation may cover loss of companionship, pain and suffering, and the decedent’s future earnings.
An experienced Louisiana Jones Act attorney can help you successfully file a claim under the Jones Act or Chapter 303 of Title 46.