Maritime work comes with risks, and injuries at sea can be life-changing. The Jones Act offers protections for seamen injured on the job. If you work offshore in Louisiana or along the Gulf Coast, understanding your rights under this law is important.
Who qualifies as a seaman under the Jones Act?
The Jones Act applies to workers who spend a significant amount of their time working on a vessel in navigation. This includes offshore oil rig workers, deckhands, and crew members on cargo ships. If your job directly contributes to a vessel’s function or mission, you likely qualify as a seaman.
How does the Jones Act help injured seamen?
This law allows seamen to file claims against their employers if negligence caused an injury. Unlike workers’ compensation, the Jones Act requires proof that an employer, vessel owner, or coworker acted negligently. Common examples include unsafe working conditions, lack of proper training, or failure to maintain equipment. Even partial employer negligence can lead to compensation for lost wages, medical bills, and pain and suffering.
What must be proven in a Jones Act claim?
To succeed in a claim, you must show that negligence played a role in your injury. The Jones Act follows a lower burden of proof than standard personal injury claims. If employer negligence contributed in any way, even slightly, you may be entitled to compensation. Louisiana courts recognize this standard, making it easier for injured maritime workers to seek recovery.
How does maintenance and cure apply?
Under the Jones Act, injured seamen have the right to “maintenance and cure.” Maintenance covers daily living expenses, while cure pays for medical treatment until you reach maximum medical improvement. These benefits apply regardless of fault and are a fundamental right for injured maritime workers.
Protecting your rights after an injury
The Jones Act ensures that seamen have legal options when injured due to negligence. Understanding these protections can help you recover compensation and get the care you need.