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.

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Blog for Jones Act Law

Library for Jones Act Law:

  • Be careful of these common tricks used to fight Jones Act claims   
    Description: Want to know how your Jones Act maritime company will fight your injury claim? Learn what tricks they will use to fight a Jones Act case here, from maritime injury lawyer Timothy Young.
  • Be sure to select your own doctor after a Jones Act maritime accident and injury.   
    Description: Learn how you are entitled to select your own doctor under the Jones Act. Maritime attorney Tim Young of The Young Firm explains your right to your own doctor under the Jones Act and maritime law. Your choice of doctor after a Jones Act accident is very important- learn why here.
  • Take these steps first to protect yourself after a Jones Act maritime injury   
    Description: What are the first steps to take after offshore maritime Jones Act injury? How to protect yourself immediately after a Jones Act injury at work. Jones Act attorney Timothy young of The Young Firm explains what you should do first.
  • Applying for disability after a Jones Act Maritime accident and injury   
    Description: After a Jones Act Maritime injury and accident should you apply for short term or long term disability or social security disability? Learn from our Louisiana Maritime Lawyers at The Young Firm in New Orleans.
  • Released to return to work? You may want to think twice about returning to work.   
    Description: When should you return to work after a Jones Act accident and injury? If the company doctor releases you, should you try to return to work? Jones Act lawyer Timothy Young explains why that may be a very bad idea.
  • What if your maintenance is cut off? Take these steps to protect yourself before it happens.   
    Description: Can you apply for disability after your maritime accident and injury? Will short term or long term disability cover your Jones Act injury claim? What if your maintenance is terminated during your claim? Learn what to do here form our maritime lawyers.
  • Video tape surveillance during your maritime Jones Act case? You can count on it.   
    Description: Video tape surveillance during your maritime Jones Act injury case-- will your company get it, and what can you do about it? Maritime lawyer Timothy Young explains how to handle this important part of your maritime injury claim.
  • Recorded statement after your accident? Think again.   
    Description: Recorded statements in maritime Jones Act injury cases are common. Learn why you are not required to give a recorded statement after your maritime accident and what you can tell the company. Our maritime attorneys explain your rights in this video.
  • Company chosen doctor after your maritime Jones Act injury? No thanks.   
    Description: Maritime companies will send you to a company doctor after your injury. Learn why you should not go to the company chosen doctor after your maritime Jones Act injury. Our maritime lawyers explain here in this video.
  • Hurt on the job? Slip and falls are the most common cause of offshore injury. Learn more.   
    Description: According to a study published in the October 2004 edition of the American Journal of Industrial Medicine, 43% of the total injuries to offshore workers are related to slips, trips, and falls. Slippery decks, uneven flooring, unstable surfaces, bad weather conditions, and heavy equipment contribute to this risk. If you have been injured in a slip and fall accident while working offshore, contact the Louisiana Jones Act lawyers at The Young Firm to learn more about your legal rights. Call us at 1-866-938-6113 to speak to an attorney or to request a free copy of our book, "Employee’s guide to Maritime Injury Law".
  • What does the term “Navigable Waters” mean for Jones Act Law?   
    Description: The Jones Act is a federal law that protects seamen who are involved in work-place accidents. If you have been injured while working on a river boat, barge, ferry, tour boat or any other vessel that regularly travels the waters in Louisiana, Texas, Mississippi, Alabama or Arkansas, you may be entitled to compensation for your injuries under Jones Act Law. Contact the maritime law attorneys at The Young Firm to learn more about your rights and to schedule a free consultation to discuss your case. Call 866-938-6118.
  • What is the Jones Act?   
    Description: The Jones Act is a federal statute that allows an employee to file an actual tort lawsuit against their employer. The Jones Act is very protective of workers. Watch our video and learn more here.
  • Who Is a Seaman?   
    Description: Individuals who can sue under maritime law and the Jones Act are generally called seaman. In order to be a seaman you have to more or less be permanently assigned to a vessel. Learn what that means here and watch our video.
  • What Tricks May My Company Use To Hurt My Claim after the DEEPWATER tragedy?   
    Description: The most common tactic used in a mass accident situation such as the DEEPWATER HORIZON is to begin immediate payment of relatively low settlements to any individuals willing to accept such. Learn why this helps the company and not the injured worker.
  • When Do I Have To File A Claim Concerning the DEEPWATER HORIZON accident?   
    Description: You may have a short period for filing a claim for the Deepwater Horizon explosion. Read here to learn why a Limitation proceeding may protect Transocean and not the rig workers.
  • Is There A Reason To Take Fast Action on a DEEPWATER HORIZON Claim?   
    Description: The DEEPWATER fire and explosion is truly a historic tragedy for this area. Transocean and the other companies involved no doubt have seasoned, aggressive insurance adjustors and company representatives working to protect them and minimize their losses. You can bet they have met and are figuring out how to avoid paying losses for the accident. Getting educated early about your rights and your options will give you peace of mind and may protect your future.
  • Do You Have Lung Cancer After Working Offshore During The 1960s Through Early 1980s?   
    Description: If you have been diagnosed with lung cancer and worked offshore on oil rigs or on drilling barges from the 1960s through the mid 1980s, it is very possible that you were exposed to asbestos and this asbestos exposure significantly contributed to your lung cancer.
  • Hurt at sea? Gulf of Mexico seamen may be able to claim damages under Jones Act Law   
    Description: If you are a seaman and are hurt at sea, your injuries full under the jurisdiction of federal maritime law. Maritime law and Jones Act Law provide compensation to injured maritime workers. However, the Jones Act is a fault-based system. To receive benefits under Jones act Law, you must be able to prove that your injuries were caused by negligence. If you think negligence may have caused your offshore injury accident, contact the New Orleans office of the Young Firm. Our maritime law attorneys have helped injured seamen with their Jones Act claims for over 50 years. Call 866-938-6113 to schedule a free legal consultation. We can help you to prove negligence and get the Jones Act compensation that you deserve.
  • Important Information About Asbestos Offshore   
    Description: If you worked offshore from the 1960s through the mid-1980s, it is very likely that you were exposed to asbestos especially if you worked in the mud shack, mud room or directly around the drilling mud.
  • 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.

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