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Can you file under the Jones Act AND Longshore Act?



Can a claim be filed under both the Jones Act and the Longshore Act? What if you are not certain what law to file suit under? Learn why you should sometimes file suit under both to best protect yourself.

0:05 If you’re receiving Longshore benefits, can you file a claim under the Jones Act? The answer to that question is absolutely yes. My name is Tim Young. I’m a New Orleans maritime attorney. I’ve practiced law for more than 20 years here in New Orleans. Our office exclusively represents injured seamen and I’ve been doing that throughout the Gulf Coast for years.

0:25 Even if you’re receiving benefits under the Longshore Act, those do not determine whether or not you still qualify for the Jones Act.

0:34 Very often our clients are paid Longshore benefits for 6 months, a year, even a year and a half or two years, and yet they still have a right to file a claim under the Jones Act.

0:43 The Jones Act is determined by the nature of where your company sent you to work. It’s not determined by what your company chooses to pay you after you get injured. You’re going to fall under the Jones Act if you spend about 30% or more of your time on vessels or barges.

0:57 Come in to talk to us or phone us if you have any questions about your situation. The fact that you’re being paid Longshore benefits right now does not in any way prevent you from filing a suit under the Jones Act.

1:08 We’ve successfully won many cases and many settlements on behalf of our clients who were originally being paid Longshore benefits.

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