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.
Description: Employees whose employers do not abide by OSHA rules and regulations can file a complaint. Workers may pursue a claim under the Jones Act if violations cause injury.
Description: Jones Act seamen who suffer an injury on an uninspected vessel have the right to receive compensation for their injuries. A New Orleans maritime lawyer explains.
Description: A Louisiana maritime attorney can help file a third-party lawsuit under section 905(b) of longshore workers' compensation law if injury is because of third-party negligence.
Description: There are no caps on damages In a Jones Act claim. The amount available may include lost wages and benefits, medical costs and pain and suffering.
Description: There are time limits for filing a Jones Act claim. In general, victims have three years from the date of injury to pursue compensation using a Louisiana maritime lawyer.
Description: It makes sense that you would want to use your own health insurance to cover medical expenses relating to your offshore injury, but you shouldn't & here's why.
Description: Injured on the job? Learn about Jones Act insurance coverage and Jones Act shipping companies from the Louisiana maritime lawyers at The Young Firm today.
Description: If you're a Jones Act seaman, you're entitled to certain rights whether you get injured on or offshore. Don't let the company convince you otherwise. Read more.
Description: Overboard accidents can occur on barges when safety precautions are not followed. Contact a New Orleans maritime attorney if you or a loved one was a victim.
Description: New Orleans maritime attorneys reveal how the Jones Act and Workers’ Compensation benefit you when injured. Call The Young Firm for Louisiana maritime claims.
Description: There are specific duties that are expected of a deckhand. This can help determine if a job on a boat as a deckhand would be for you.
Description: If you are a seaman who was injured at sea, you need to avoid costly mistakes in your Jones Act case. Contact a New Orleans Jones Act lawyer for help.
Description: The Jones Act protects your rights as a New Orleans maritime worker, but you may surrender those rights if you sign an arbitration agreement.
Description: Under the Jones Act, you have the right to a safe work environment when your job has you working in a more hazardous environment such as an offshore oil rig.
Description: Different maritime work environments mean different laws apply to your injury claim when you suffer a work-related injury in a maritime profession offshore.
Description: There are 10 ways that may help determine the safety of a vessel. If you are injured on board a ship, a maritime claim may be filed. Seek an attorney for help.
Description: When unable to work after a maritime injury you may be entitled to 3 types of employment-related payments. Call 1-866-938-6113 or 1-504-680-4100 to learn more.
Description: Whether you qualify as a seaman will be questioned when you apply the Jones Act Law to your injury claim. To learn more, call our attorneys at 1-866-938-6113.
Description: You shouldn’t see the company doctor just because your employer tells you to; you have a choice. For maritime accidents, call 1-866-938-6113 or 1-504-680-4100.
Description: Law firms in New Orleans agree that recorded statements do more harm than good for an offshore injury claim. For legal help, call 504-680-4100.