Basics of the Jones Act, a law that protects injured seaman working offshore and on rivers.

Jones Act Law

The Jones Act is one of few federal laws that truly protects employees who are involved in workplace accidents.  If the Jones Act applies to your case, you are actually considered a "ward" of the court.  This term dates back more than a hundred years and essentially means that the court has a duty to protect you and your rights.  Unfortunately today this term does not carry as much weight as it used to many years ago.  Nonetheless, injured seamen under the Jones Act are still technically considered wards of the court.  This gives you an idea of the significant protections that the Jones Act gives to injured employees. 

 
Basics of the Jones Act- Why Is the Jones Act so Important to Your Case?

The Jones Act allows an injured employee to file suit directly against their employer, and collect money damages, for any of their employer’s negligence which may have caused or contributed to the employee’s injury.  If your company, or your co employee, was at fault in causing or contributing to your accident and injury, you can collect compensation from your employer for your injury and damages.  This law is very different than the general rule that an employee cannot sue their employer even if the employer caused his injury. 

There are two important points to remember in regard to a suit against your employer under the Jones Act.  First, in order to recover under the Jones Act you must prove that your company or your co employees were negligent.  The Jones Act is a fault based statute, meaning that you only collect damages if your company was at fault.  This fault can take many forms including the improper or unsafe acts of your co-employees, an unsafe workplace, or unsafe or improper instructions.  It is often easy to show that your injury could have been avoided if your company acted in a safer manner.

Also, the Jones Act allows your employer to allege and argue “comparative fault” on your part.  This means that if your company can prove that you caused or contributed to your own accident and injury, this amount of fault will reduce your recovery by that percentage.  For example, if your company proves through evidence and testimony that you contributed 50 percent to your own accident, any damages to which you are entitled to under the Jones Act will be reduced by 50 percent.  It is critical that an injured employee understand the nature of the Jones Act in this regard.  This comparative fault rule fully explains why almost all companies will immediately blame an injured employee for their own accident.  It also explains why a company will immediately take a recorded statement from the injured employee and discuss the way that the accident happened during the statement.  In short, the company is simply trying to defend itself early and quickly against any type of claim that you may later file under the Jones Act.  Our office strongly encourages employees to always clearly state why their accident happened, including specifically listing any fault on the part of the company or their co employees on the accident reports.  An injured employee should also be sure to list any dangerous condition or unsafe equipment which may have caused or contributed to their accident.

Blog for Jones Act Law

Library for Jones Act Law:

  • Are commercial divers covered under Jones Act Law?   
    Description: Divers are at risk for serous injury. Many divers are covered under Jones Act Law, the status of other divers is not as well-defined. If you have been injured in a diving accident, you may not be sure if you covered by maritime law. The attorneys at The Young Firm can help you. We'll determine which laws cover your injuries and how much compensation you are entitled to. Contact our office at 866-938-6113 to schedule a free consultation.
  • Yes, the Jones Act covers offshore oil rig accidents.   
    Description: Oil rig workers perform hard physical labor. While oil industry jobs are among the highest paying in Louisiana, working on an offshore oil rig is a high risk job and many oil rig workers sustain serious injuries. If you or a loved one has been injured while working on an offshore oil rig accident, contact The Young Firm at 866-938-6113. To protect your rights, don’t sign anything until you’ve called us for a free consultation.
  • Is the Jones Act the same as Workers’ Compensation?   
    Description: Maritime workers are generally not covered under traditional Workers’ Compensation. It is the Jones Act that gives maritime workers legal rights if they are injured on the job. However, there are significant differences between the Jones Act and Workers’ Compensation. If you are injured while working at sea, it is very important to hire a lawyer that understands these differences. Compensation for a maritime injury can be confusing. Contact the New Orleans-based offices of The Young Firm today at 866-938-6113 to learn more.
  • Jones Act cases can often be filed in many different courts. Make sure you choose the best court for your suit.   
    Description: You need to select the best court you can in which to file your Jones Act claim. Often you will have a choice of several courts. Read here to determine where you can file your Jones Act suit.
  • What is a vessel, and how is a vessel defined for Jones Act laws?   
    Description: In order for a maritime worker to be considered a seaman under the Jones Act, he must be injured while working on a Jones Act vessel. However, the term “vessel” encompasses a variety of sea-going watercraft that are used to transport good or passengers over navigable waters. The definition of a Jones Act vessel can be of utmost importance in determining the outcome of a Jones Act damages case. In some cases determining if If you have been injured on the sea, but are not sure if you work on a Jones Act vessel, a maritime lawyer can help determine which laws apply to your case. Call the Louisiana maritime injury attorneys at The Young Firm at 1-866-938-6113 to schedule a free case consultation.
  • Symptoms of mesothelioma and asbestos-related illness   
    Description: Dock workers, shipyard workers and sailors on vessels built before 1980 may be at an increased risk of mesothelioma and other asbestos-related diseases.The risk of asbestos-related disease increases with heavier exposure and length of exposure. Yet, even a short period of high level exposure can cause damage. Symptoms may not appear for 20 or more years after exposure. Learn about asbestos-related illnesses and their symptoms. If you are a maritime worker who has been diagnosed with mesothelioma, time is of the essence. The maritime injury attorneys at The Young Firm can help, 866-938-6113, for a free consultation about your rights and the benefits that you are entitled to.
  • Jones Act Controversy – Are American jobs at risk?   
    Description: The Jones Act is instrumental for protecting the rights of injured maritime workers, but the Jones act has another purpose. It also protects our national security and the American shipbuilding industry. However, there are exceptions to the Jones Act that allow foreign ships to do jobs when American ships are not available. Profit-hungry companies take advantage of these loopholes. Recently, the U.S. Customs and Border Protection Agency has taken steps to revoke or change many of these exceptions.
  • Is your employer trying to keep you from getting the compensation you deserve?   
    Description: Offshore work is hard work, and nobody knows this more than the men and women making their livings at sea right now. The unfortunate side-effect of a tough job is the possibility of being seriously injured in a maritime accident. If you’ve been hurt while working offshore, you need to be on the lookout for some tricks that your employer may try to keep from paying you the compensation you deserve.
  • Confused about the Jones Act and the Longshore & Harbor Workers Compensation Act?   
    Description: The maritime industry has a dizzying array of jobs that workers can perform both on and offshore. Some workers spend most of their time working with cargo containers on the docks, while others are true offshore workers on ships or moving platforms. When you are injured, the type of work you perform could be important in determining the kind of compensation you deserve from your employer. The Jones Act and the Longshore & Harbor Worker Compensation Act can be confusing, but an experienced maritime law attorney can help you determine where you fall.
  • A Seaman May Have More Than One Jones Act Employer Under The Law   
    Description: If you are a Jones Act Seaman, the Jones Act says that you may have more than one legal employer. This can be very important if you were acting as a 'borrowed employee' of another company at the time of your injury. It is important to file claims against all responsible parties, including any of your possible Jones At employers.

    • View All

Frequent Questions for Jones Act Law:

Bookmark and Share

©2010 The Young Firm, All Rights Reserved, Reproduced with Permission
The Best in Website Design for Attorneys, Attorney Web Blogs That Work, Attorney Search Engine Optimization, Optimized Video Services for Lawyers and Update Your Website Yourself
by Foster Web Marketing - The Best Attorney Website Design & Hosting Firm
Get SEO Tips from The Attorney Internet Marketing Blog
Louisiana Maritime Attorneys | Louisiana Maritime Law Firm | Louisiana Maritime Lawyers | Louisiana Maritime Attorney

Longshore and Harbor Workers Claim Information | LHWCA