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.
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.
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:
Other structures that may qualify as Jones Act vessels include:
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:
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.
Lambert Zainey has obtained recoveries from a long list of maritime companies, including some of the biggest names in the industry.
Over $1 Billion Recovered for Maritime Accident Victims
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 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:
Frequently Asked Questions About Jones Act Claims
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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