Louisiana Jones Act Lawyers

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Experienced New Orleans Jones Act Lawyers for Injured Seamen – Lambert Zainey

If you work on a boat or vessel and got hurt on the job, you have special rights under a federal law called the Jones Act. This isn’t like regular workers’ comp. If you qualify as a “seaman,” the Jones Act lets you sue your employer if they were careless or unsafe (negligent) and caused your injury. This means you could get money for medical bills, lost pay, pain and suffering, and more.

Handling a Jones Act claim right takes lawyers who really know maritime law and have experience with these cases in New Orleans and Louisiana. Lambert Zainey is a trusted maritime injury law firm. For decades, we’ve been fighting hard for injured seamen. We know the dangers you face out there, we understand the complicated laws, and we work to get you the full amount of money you deserve.

Injured Seaman? Find Out if You Have a Jones Act Claim.

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What is the Jones Act? Your Rights as a Seaman

The Jones Act (its official name is the Merchant Marine Act of 1920, but everyone calls it the Jones Act) is a key federal law that gives special help to workers called “seamen” who get injured on the job. Here’s what it means for you:

You Can Sue Your Boss: Unlike most workers who just get workers’ comp, seamen can file a lawsuit directly against their employer if the employer’s carelessness caused the injury.
Get Paid for More Than Just Bills: The Jones Act lets you recover money for things like pain and suffering, mental stress, and lost enjoyment of life – things workers’ comp usually doesn’t cover.
Easier to Prove Fault (Negligence): To win, you only need to show that your employer (or a coworker) was even slightly careless or unsafe, and that carelessness played any part in your injury. “Negligence” just means they didn’t act reasonably safely.
Your Boss MUST Provide a Safe Place to Work: The law makes it clear your employer has a basic duty to keep your work environment reasonably safe.

**Are You a “Seaman” Under the Jones Act?**

Figuring out if you legally count as a “seaman” is the first big step. It depends on your specific job. Usually, you need to meet two main tests:

The “Connection Test”

Basically: Does your job help the vessel do its job? And do you spend a good chunk of your work time (often 30% or more, but it’s flexible) working on a specific vessel or a group of vessels that are “in navigation” (meaning operating)?

What Counts as a “Vessel”?

The place you work must legally be a “vessel.” This includes most things that float and move: ships, boats, barges, tugboats, crew boats, supply boats, dredges, jack-up rigs (when moving or floating), semi-submersibles, etc. It usually does not include fixed platforms stuck permanently to the seabed. The vessel also needs to be:

On waters used for business (like oceans, the Gulf, rivers, canals)
Floating
Operating
Able to move

Examples of Jones Act seamen often include: Captains, Mates, Pilots, Deckhands, Engineers, Oilers, Tankermen, Cooks, Drillers/Roustabouts (on floating/movable rigs), Commercial Fishermen, and crew on many workboats.

Determining seaman status can get tricky. Our experienced lawyers can look at your job details and tell you if you likely qualify during a free consultation.

Proving Your Employer Was Negligent (Careless or Unsafe)

To win your Jones Act case, you need to show your employer (or a coworker) was negligent – meaning careless or unsafe – even just a little bit, and that carelessness helped cause your injury. It’s often easier to prove fault under the Jones Act than in regular injury cases. Examples of employer negligence include:

Not providing a safe place to work (like slippery decks, poor lighting)
Not giving you the right safety gear or training
Not keeping the vessel and equipment in safe working order
Not having enough crew for a job (undermanning)
Making you work dangerously long hours (causing fatigue)
Careless actions by your supervisor or another crew member
Not warning you about known dangers
Hiring crew who aren’t fit for the job

What Money Can You Recover in a Jones Act Lawsuit?

If you prove your employer was negligent, the Jones Act lets you get paid back (“recover damages”) for many different kinds of losses caused by your injury. The goal is to cover your costs and try to make up for what you’ve gone through. This can include money for:

Medical Bills (Past & Future): Doctor visits, hospital stays, surgery, therapy, medicine needed now and later.
Lost Wages (Past & Future): Paychecks you missed while hurt, plus money for wages you likely won’t be able to earn in the future because of the injury (loss of earning capacity).
Pain and Suffering: Money for the physical pain and emotional stress the injury caused.
Mental Anguish: Payment for harm like depression, anxiety, or PTSD from the accident.
Disfigurement: Compensation for scars or permanent physical changes.
Loss of Enjoyment of Life: Money because the injury stops you from doing hobbies or activities you used to love.
Retraining Costs (Vocational Rehabilitation): Help paying for training for a new type of job if you can’t go back to sea.

Other Important Rights You Have (M&C, Unseaworthiness)

The Jones Act isn’t the only protection for seamen. You also have these rights:

Maintenance and Cure (M&C): This is a basic right you get even if nobody was negligent (even if the injury was your fault, unless you intentionally hurt yourself). Your employer must pay for:

Maintenance: Basic living expenses (like rent/mortgage, utilities, food) while you’re recovering ashore.

Cure: Reasonable and necessary medical treatment until you reach “Maximum Medical Improvement” (MMI) – meaning doctors don’t expect more treatment will make your condition better.
Unseaworthiness: Vessel owners have an absolute duty to provide a “seaworthy” vessel. This means the vessel, its equipment, and its crew must be reasonably fit for their intended purpose. If an unseaworthy condition (like defective gear, an improperly trained crew member, or an unsafe layout) causes your injury, you can bring a separate claim against the vessel owner, even without proving negligence.

Often, an injured seaman can have claims for M&C, Jones Act negligence, and Unseaworthiness all at the same time. Our lawyers look at all possibilities to get you the most help.

Your Basic Rights as a Seaman

Remember, as a seaman, the law gives you basic rights:

The right to a reasonably safe work environment.
The right to adequate training and safety equipment.
The right to a seaworthy vessel.
The right to competent fellow crew members and supervisors.
The right to choose your own doctor (generally) for Cure benefits.
The right to sue your employer for negligence under the Jones Act.
The right to receive Maintenance and Cure benefits if injured, regardless of fault.
The right not to be retaliated against or fired for reporting an injury or filing a legitimate claim.

The right to a reasonably safe work environment.
The right to adequate training and safety equipment.
The right to a seaworthy vessel.
The right to competent fellow crew members and supervisors.
The right to choose your own doctor (generally) for Cure benefits.
The right to sue your employer for negligence under the Jones Act.
The right to receive Maintenance and Cure benefits if injured, regardless of fault.
The right not to be retaliated against or fired for reporting an injury or filing a legitimate claim.

Knowing these rights is the first step to protecting yourself.

Why Pick Lambert Zainey as Your New Orleans Jones Act Lawyer?

Handling Jones Act cases right takes special skills. Lambert Zainey offers:

Years of Focus on Maritime Law: We know maritime law inside and out, especially for seamen in Louisiana and the Gulf.
We Dig Deep to Investigate: We carefully investigate accidents, gather proof, and work with maritime experts to build strong cases
We Win Cases: We have a strong history of getting big settlements and winning trials for injured seamen against tough employers and insurance companies. See our Maritime Case Results ->
No Fee Unless You Win: We work on a contingency fee basis – you pay zero upfront. We only get paid if we win money for you.
We Know Louisiana & NOLA: We understand the local industry, the courts here, and how the other side thinks.

Companies We’ve Fought Against

Maritime Injury Attorneys – Lambert Zainey – have obtained recoveries from a long list of maritime companies, including some of the biggest names in the industry.

View More Companies we Fight

case results

Over $1 Billion Recovered for Maritime Accident Victims

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$330 MILLION SETTLEMENT

Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

Common Questions About Jones Act Claims

You usually have three years from the date you got hurt. This deadline (called the “statute of limitations”) is strict. If you miss it, you lose your right to sue. Call a lawyer quickly!

You might still have a case. The Jones Act uses “comparative fault.” This means if you were, say, 20% at fault, you could still recover 80% of your damages. Don’t assume you have no claim just because you might share some blame.

No. It’s illegal for them to punish or fire you for reporting an injury or filing a legitimate Jones Act case. If they do, you might have another lawsuit against them.

Usually, money you get for physical injuries (like medical bills, pain and suffering) is not taxed. Money just for lost wages might be. It can be complicated, so ask a tax advisor. (Disclaimer: We’re lawyers, not tax experts).

Jones Act is for “seamen” (crew on vessels) injured by negligence, letting you sue for many types of damages. LHWCA covers other workers (like dockworkers, shipyard workers) near water and works more like workers’ comp (no-fault benefits, usually can’t sue employer, limited damages).

Take Action: Protect Your Jones Act Rights Today

If you’re a seaman hurt on the job, don’t wait. Your rights and your ability to get paid fairly depend on acting fast. Contact the experienced New Orleans Jones Act lawyers at Lambert Zainey today for a free, private talk about your case.

We’ll listen, explain your rights simply, and tell you how we can help you fight for the money you need and deserve.