The Jones Act provides fantastic safety rules in the favor of the employee. Most individuals working offshore have no idea of the significant rights and safety rules which apply to their day-to-day activities. Unfortunately many companies routinely violate these rules. Very often when we speak to potential clients we are told that "we always did the job that way" even though specific rules and regulations were being violated.
Under the Jones Act an employee has a right to a "safe place to work". This is one of the broadest rules of the Jones Act and it applies to many situations which can cause injuries. If your case is decided by a judge or jury, that judge or jury will specifically determine if you were given a "safe place to work". If you have suffered an injury and you think that the injury may have been caused because your workplace was unsafe, this could be a violation of the Jones Act.
Under the Jones Act your employer also has duties to properly train you, properly supervise your work activities, and provide enough employees to do the jobs to which you are assigned. Very often newly hired employees will not be properly trained on how to do a job. Employers routinely refer to "on-the-job training" or OJT. We have found that this type of training can be insufficient for many of the detailed, complicated jobs which require experienced workers. Unfortunately the more dangerous procedures of certain jobs are the harder to perform procedures. Sometimes the newest employee will be given the hardest job because the more experienced, more senior employees do not want to perform the harder job.
Employers must also provide enough workers for the job to be performed safely under the Jones Act. This is typically one area where many employers will continually perform a job without sufficient employees simply because "it has always been done that way". The Jones Act addresses this exact situation and the judge or jury in your case will be told that simply performing a job repeatedly the same way does not necessarily make the procedure safe. This is particularly true concerning procedures which are performed infrequently. In these situations, many employers will not have sufficient manpower to perform the job because it is not a routine procedure. Nonetheless, these employers very often simply perform the job with the crew members that are available at that time.
Finally, there are many industry specific rules and regulations which also apply under the Jones Act. These industry standards include the American Petroleum Institute (API) standards which apply to the operation of cranes offshore as well as rigging of cranes and slings. Under the API rules, the crane operator is always "in charge" of any procedure being performed by the crane. The crane operator is also required to have a flag man present on all lifts and the crane operator is ultimately responsible for the rigging of all loads.
Coast Guard rules also apply under the Jones Act since the employee is assigned to a Coast Guard "vessel". This is the reason that the Coast Guard will typically investigate serious injuries which occur under the Jones Act. Coast Guard regulations include keeping the vessel safe and making sure that there are no dangerous trip or slip hazards aboard the vessel. All walkways also have to be properly marked under Coast Guard regulations.
Finally, OSHA regulations also provide guidance under the Jones Act. OSHA has detailed requirements that inspections be performed of workplaces. OSHA also requires that employees be given "safe" work places and that all equipment and machinery be working properly. Typically OSHA will have detailed specific rules such as requiring that the front of steps be marked with some type of visible marker including yellow paint.
Description: Seamen injured by toxic waste, such as that illegally discharged by Horizon Lines, could be eligible for Jones Act and admiralty law benefits: 1-866-938-6113.
Description: If you know a cruise ship employee or other maritime seaman who has been injured by negligence, contact a Jones Act and admiralty lawyer: 1-866-938-6113.
Description: Knowing how to follow the barge fire safety rules could save your life in an emergency. Call 1-866-938-6113 or 1-504-680-4100 for maritime injury claim help.
Description: The equipment used aboard commercial barges can cause hazards resulting in a ship accident. Call 1-866-938-6113 or 504-680-4100 for maritime injury claim help.
Description: Only certain vessels will qualify under the Jones Act as eligible for a claim of unseaworthiness. For Jones Act claims, call 1-866-938-6113 or 1-504-680-4100.
Description: If you work on a vessel used in a maritime profession, watch for signs of unseaworthiness. For Jones Act claims, call 1-866-938-6113 or 1-504-680-4100.
Description: The number of oil rigs on the OCS is rebounding since the moratorium on deep-water drilling. Injured rig workers can call 1-866-938-6113 or 1-504-680-4100.
Description: Louisiana shipyard employees have the right to safe abrasive blasting work. A New Orleans expert lists safety measures to look for on the job.
Description: A three-vessel collision on the Gulf Coast brings NTSB recommendations for the safety of all Jones Act seamen. A Louisiana Maritime law expert explains.
Description: Gulf of Mexico work in confined spaces on ships is dangerous. A New Orleans maritime law specialist explains your options.
Description: If your employer violates BOEMRE safety rules, they can be cited and incur fines. For help with offshore oil rig injury, call 1-866-938-6113 or 1-504-680-4100.
Description: Offshore accidents increase during the peak of hurricanes season, be prepared for a storm at sea. For maritime injury claims, call – 866-938-6113.
Description: What is BOEMRE, and why does it matter when you’ve been injured in an offshore oil rig explosion? For these answers, call 1-866-938-6113 or 1-504-680-4100.
Description: A hand injury is both painful and inconvenient, but hand injuries are among the most common on-the-job injuries suffered by seamen. Learn more.
Description: The Coast Guard requires that maritime employers establish random drug testing programs for licensed crewmen. The Coast Guard recently issued its requirements for 2010, and in 2010, a minimum of 50% of workers must be tested. Maritime work is dangerous. When alcohol or drugs are involved, accidents can occur. If you’ve been injured offshore because a co-worker was under the influence of drugs or alcohol, you have rights to compensation under maritime law. Call the New Orleans office of The Young Firm at 866-938-6113
Description: If you work on a Jones Act Vessel, the vessel’s owner has a responsibility to maintain the vessel in seaworthy condition. If you’ve been injured while working on an unseaworthy vessel, contact Louisiana’s maritime experts at The Young Firm at 866-938-6113. We can help you get compensation for your injuries, medical expenses, rehabilitation and therapy, lost earnings and pain and suffering.