The Jones Act
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 Lafayette Jones Act lawyers. The Jones Act, together with the Longshore Harbor Workers’ Compensation Act (LHWCA), provide remedies to certain maritime works for injury and death. Specifically, the LHWCA provides a workers’ compensation remedy to employees injured in the course of scope of maritime employment upon navigable waters, while the Jones Act provides injured seamen with a cause of action for employer negligence.
Broussard & David 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 Lafayette, 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.
The Jones Act is a federal statute that applies to offshore workers who are injured at sea. The Jones Act permits an injured seaman to recover for an injury that occurred as a result of his employer’s negligent operations on a vessel or use of unseaworthy vessels.
To recover under the Jones Act, an injured worked must prove seaman status. A court determines seaman status based of off of 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.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. Next, the injured seaman must prove that his injury resulted from his employer’s 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 seamen 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.
Our Lafayette Jones Act attorneys at Broussard &David offer expertise in areas of maritime law and are available to analyze Jones Act claims and discuss your legal rights. An experienced attorney can dramatically increase your ability to recover a favorable award that will fully compensate you and your family for your injuries.
If you are an offshore worker who has been injured in your service on the vessel, you may have legal rights. For questions, call Broussard & David at 888-337-2323 (toll free) or 337-233-2323 (local) for a complimentary consultation. You can also contact us online for answers to your questions or to schedule your consultation with a Jones Act lawyer in Lafayette.