Jones Act Seamen
Injuries or deaths that occur on or near navigable waters, such as the Gulf of Mexico and the Mississippi River, are usually governed by "admiralty" or "maritime" laws.
One of those laws, the "Jones Act", provides special rights to a seaman or member of the crew of a vessel to sue his employer for damages as the result of injuries caused by the employer's negligence. An injured seaman is also entitled to make a claim under the general maritime law against the owner or operator of the vessel for any defect or unsafe condition of the vessel or its equipment - known as an "unseaworthy" condition - that causes his injury.
Regardless of fault, when a seaman is unable to work due to an on the job injury or illness, he is entitled to receive "maintenance" from his employer. "Maintenance" provides a seaman a daily allowance for meals, room and board. A seaman who is injured or becomes ill on the job is also entitled to recover "cure" - medical care - from his employer. There are penalties (punitive damages) for the willful and wanton disregard of the maintenance and cure obligations to seamen.
The evaluation and determination of seaman status is often very complicated and should be entrusted to an attorney who has a great deal of experience and knowledge in dealing with admiralty and maritime laws.
Generally, a seaman is an employee: (1) whose duties contribute to the function of the vessel or accomplishment of its mission; and (2) who has a connection to a vessel in navigation (or to an identifiable group of such vessels) that is substantial in terms of both its duration and its nature.
Find out if your claim may be covered under the Jones Act and the general maritime law by calling 877-852-3688 or contacting us online.
Maritime law has been a regular part of our practice for more than 30 years, so we know the unique laws and procedures that govern maritime cases.
Other Maritime Workers
Maritime workers who do not qualify as Jones Act seamen may have other maritime remedies available to them in the event of injury or death on or near navigable waters.
For example, longshoremen, workers involved in shipbuilding or vessel repair, harbor workers and workers aboard fixed platforms on the outer continental shelf are entitled to disability and medical benefits under the Longshore and Harbor Workers Compensation Act (LHWCA). These workers, or their families, can also sue vessel owners and operators or other third parties for the negligence that caused their accident and injury or death.
Passengers on crew boats, cruise ships and recreational boats also have rights under the general maritime law against the vessel owner and operator for the harm they have negligently caused.
We handle the claims of seamen, captains, toolpushers, engineers, drillers, deckhands, roustabouts, roughnecks, divers, pilots, passengers, recreational boaters and all others participating in maritime-related activities aboard all types of vessels, ships and platforms, whether on local waterways, the outer continental shelf, territorial waters, international waters or the high seas, including:
- Drilling rigs and offshore platforms
- Cargo ships, tankers, diving tenders, tugs, push boats, barges, dredges, work boats, crew boats, service boats, river boats and ferries
- Other commercial and passenger ships, boats and vessels
- Recreational watercraft
