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Is it legal under the Jones Act's safety rules for my employer to require employees to continue working on a job, even if there aren't enough workers to perform it safely?

 

A: Jones Act claims can be filed if your employer forces you to work in conditions in which there are not enough workers to perform the required task safely. Your employer should have Jones Act insurance coverage in the event of maritime accident reports, but he or she is also required to obey certain safety regulations.

The Jones Act obliges employers to provide their employees with safe places of work. In the instance of an injury, the judge or jury will determine if you were working in a safe place. Failure to provide seamen with a safe place to work is a strict and clear violation of the Jones Act, and damages will apply.

In addition to this basic safe premises requirement, the Jones Act requires your employer to train you and other employees properly, supervise your activities and employ enough seamen to do the jobs you are assigned adequately.

Employers may argue that using a certain number of employees has always been the norm, but the Jones Act provides a remedy for this typical excuse. Just because a task has been performed one way repeatedly does not mean it is safe. 

This is specifically relevant to procedures that are not performed often. In some cases, employers will require employees carry out a non-routine task simply with the employees who are on hand.

This is a violation of the Jones Act, and frequently, maritime accident reports list injuries that were sustained when a task was performed with insufficient employee numbers. You and seamen in your position are eligible to file Jones Act claims against your employer's Jones Act insurance coverage.

Contact a Jones Act Claims Lawyer

Maritime law provides you with certain protections your employer may not want you to know about. A Jones Act claims attorney from The Young Firm in New Orleans, Louisiana can help you if you have suffered boating accident injuries, an offshore accident or other injuries that fall under maritime law or the Jones Act. Though we are based in Louisiana, we are ready and able to help injured victims throughout the U.S. with maritime accident reports. Order our free Maritime Injury Law guide and/or our guide to what to do when you are injured offshore to learn all about your rights as an injured worker.

When you are ready to get started with your Jones Act injury case, we urge you to contact us today for a FREE case evaluation - call 1-504-680-4100 or toll-free at 1-866-938-6113.