Louisiana Jones Act Lawyers

Over $1 Billion Recovered for Maritime Accident Victims. We are proud to have a reputation for aggressively fighting for the rights of injured workers.

Understanding Seaman’s Rights Under Jones Act Law

The Jones Act is a federal law that has protected seamen, such as masters, captains, officers, deckhands, tankermen, or members of the crew, for more than a century. Enacted in 1920, the Jones Act allows seamen and their families to pursue compensation for injuries and death due to an accident caused by negligence on the part of their employer or another crewmember.

If you are a maritime worker who was injured at work, a Louisiana Jones Act lawyer at Lambert Zainey Smith & Soso can help you understand your rights under this law.

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Who Qualifies As A Seaman In Jones Act Claims?

To benefit from Jones Act protections, a maritime worker must meet several qualifications, including the below.

Common Maritime Injuries
THE WORKER IS EMPLOYED ON A VESSEL (OR FLEET OF VESSELS) IN NAVIGATION.

When most of us think of a vessel, we imagine a fishing boat or a cargo ship. However, the definition of a vessel is much broader under maritime law. In general, any object that is floating, on navigable waters, and capable of moving is considered a vessel.

Seamen working on these types of vessels are frequently covered under Jones Act claims:

  • Cruise ships
  • Ferries
  • Water taxis
  • Tugboats
  • Barges
  • Tankers
  • Riverboat casinos
  • Crew boats
  • Shrimp boats
  • Trawlers
  • Fishing boats
  • Drill Ships
  • Supply Vessels

Other structures that may qualify as Jones Act vessels include:

  • Oil rigs
  • Drilling platforms
  • Pipelines
  • Man-made islands
  • Dredges
  • Moorings and buoys
Maritime slips trips and falls

THE WORKER CONTRIBUTES TO THE MISSION AND PURPOSE OF THE VESSEL (OR FLEET OF VESSELS).

For the purposes of Jones Act coverage, a worker does not need to be essential to the vessel’s operation. Rather, he or she must simply contribute to the vessel’s mission or purpose in some capacity. For example, a cook on a fishing boat would likely be covered under the Jones Act, as his or her job contributes to the vessel’s purpose (catching fish).

Workers who are not generally considered seamen under the Jones Act include:

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THE WORKER IS MORE OR LESS PERMANENTLY ASSIGNED TO THE VESSEL (OR FLEET OF VESSELS).

To qualify for Jones Act coverage, a worker must have a more or less permanent connection to the vessel. What does that mean? In Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), the U.S. Supreme Court clarified that a worker may be considered more or less permanently assigned to a vessel if he or she spends 30 percent or more of his or her work time on that vessel.

So, a worker who spends most of his or her time working on a particular vessel, but occasionally works on other vessels in the same company’s fleet or in a land-based office, would likely still be considered more or less permanently assigned to that vessel.


Companies We’ve Fought Against

Lambert Zainey has obtained recoveries from a long list of maritime companies, including some of the biggest names in the industry.

case results

Over $1 Billion Recovered for Maritime Accident Victims

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Murphy Oil Spill
$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.

ARCO Explosion
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.

What To Do If You’re Injured

If you work on a vessel, your employer is responsible for providing you with proper training, safe and functioning equipment, a safe working environment. If your employer fails to do this and you are hurt because of it, you may have a claim under the Jones Act.

After a seaman is injured on a vessel, we recommend several steps:

  • File a written report with your supervisor and employer. Be sure to include in the report all the people you were working with at the time of the incident.
  • Document evidence. If you have a cellphone, take photos or video of the incident site. If you don’t have access to a cell phone or camera, be sure to take a mental picture of where and how the incident occurred. Even small details can be the difference in determining a vessel’s seaworthiness or another person’s negligence.
  • Get legal help. Because bringing a Jones Act claim is complex and often challenging, it is important to retain legal advice from an experienced Louisiana Jones Act lawyer soon after a maritime injury.

Frequently Asked Questions About Jones Act Claims

It is against the law for your employer to fire you, demote you, or take any other adverse action against you in retaliation for filing a Jones Act claim. If your employer does take such action, you may have a separate claim against your employer for retaliatory discharge.

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Injured seamen are entitled to maintenance and cure benefits. Maintenance is a daily allowance to cover your living expenses while you are unable to work because of your injuries. Cure is coverage for all reasonable and necessary medical treatment related to your injuries. Your employer is required to provide maintenance and cure benefits regardless of who was at fault for your injuries until you have reached maximum medical improvement (MMI).

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If you are successful in your Jones Act claim, you may be able to recover economic damages, which are those that have a specific dollar value attached to them, such as medical bills, lost wages, and property damage. You may also be able to recover noneconomic damages, which are more difficult to quantify and may include mental and physical pain and suffering.

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The distinction between claims under the Jones Act and state workers’ compensation is significant. State workers’ compensation is regulated by individual state laws, providing set benefits for injured workers. In contrast, the Jones Act is a federal statute offering rights and protections to seamen injured during employment. Notably, maritime workers cannot choose between these two claims; the applicable law is determined by the nature of their employment and the circumstances of their injury. Navigating these laws can be complex, and consulting with an experienced maritime lawyer is vital to understand and pursue the appropriate claim effectively.

Maritime law, traditionally associated with activities at sea, can also extend to certain incidents on land. This extension occurs when land-based activities are intrinsically tied to maritime work, such as loading and unloading of vessels, or when injuries on land are directly connected to maritime employment. The Jones Act and other maritime laws may provide remedies in these scenarios, emphasizing the importance of legal expertise to navigate these unique intersections of land and maritime jurisdictions.

The Jones Act’s application to workers in the offshore wind industry is an evolving aspect of maritime law. As this industry grows, maritime workers engaged in constructing and maintaining offshore wind facilities may be covered under the Jones Act. This means they are entitled to its protections and compensation in case of work-related injuries, similar to traditional maritime roles. The intersection of the Jones Act with the offshore wind sector underscores the importance of legal expertise in navigating these new applications of maritime law.

Get Help From a Jones Act Lawyer in Louisiana

The New Orleans Jones Act attorneys at Lambert Zainey Smith & Soso have over 40 years of experience handling maritime cases in Louisiana and all along the Gulf Coast. If you have been injured while working a maritime job, let us help you get the compensation you deserve from your employer so that you can get back to work and take care of your family in the process.

If you have any questions or you would like to speak with an attorney about a possible Jones Act claim, please contact us here.


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