Jones Act laws have limitations when it comes to the protection of injured seamen. If you have questions or concerns, it might be a good idea to consult a Louisiana maritime lawyer. By seeking legal counsel, you can gain a better understanding of your rights.
Limitations of the Jones Act
One possible limitation pertains to who is covered under the Jones Act. For instance, if you are a part-time employee, you may not be protected. Only those who spend at least 30 percent of their time on a vessel would be eligible.
The Jones Act also covers employees who work on certain vessels. So there may be limitations as to which types fall into this category. Examples of covered vessels include crew boats, oil rigs, tug boats, ships and cargo boats.
Certain types of other boats may not qualify as a vessel. If there are questions concerning this, you may need to talk with a lawyer.
Another qualification under the Jones Act is that the vessel is in navigation. If you are working on a boat that is no longer in operation or is on dry dock, you may not be protected by Jones Act laws if you are injured.
The Jones Act only covers injured workers stemming from an employer’s negligence. So if you were at fault for your accident, it could prevent you from receiving compensation. You will need to provide adequate proof that the employer’s actions were negligent.
However, you still could be entitled to maintenance and cure benefits, even if you can’t prove negligence under general maritime lawyer. But there are limitations in the damages you can receive. If you hope to receive compensation for pain and suffering, future lost income and other losses, you would be able to do so only under the Jones Act.
Or you could be eligible to pursue a third-party claim if someone else, such as an independent contractor, caused your injuries. It’s usually a good idea to discuss your case with a lawyer to understand your legal options.
Help from a Louisiana Maritime Lawyer
If you are a seaman who has been injured on the job, compensation for your medical expenses and more could be available. Consulting a maritime lawyer at The Young Firm should be your next step. We will take the time to review your case carefully and explain how Jones Act laws may have an impact.