Maritime workers are involved in the movement of goods over water, such as the ocean and rivers. They work on what are called “navigable waters,” which play an essential role in the economy of the United States. This category of workers can include seamen, or boat crew members.
Louisiana has a higher concentration of these workers than any other state in the country. When maritime workers sustain injuries while on the job, they may be eligible to collect compensation through the Jones Act and the General Maritime Law. Contact a reliable maritime injury lawyer if you have questions or need help with a claim.
Unlike land-based jobs, there is no state workers’ compensation laws that entitle seamen to collect benefits for injuries they sustain at sea. The Jones Act, also called the Merchant Marine Act of 1920, is a federal law that protects certain maritime workers’ rights, including seamen, crew members, deckhands, and more, after accidents leading to injuries or deaths while working on navigable waters. Once classified as a “seaman,” the employer is responsible for its negligence on and off the vessel. The legislation ensures workers have access to money for medical care and compensation to cover other expenses when the negligence of their employer or other party causes harm.
There are two types of remedies available to workers under the General Maritime Law. The first is maintenance and cure, which compensates for daily expenses and medical care after work-related accident injuries regardless of fault The second is an Unseaworthiness claim, which allows the individual to collect compensation for a full measure of damages when the vessel aboard which the seaman is working is found to be unseaworthy . Unseaworthiness claims, unlike the negligence claim as against the employer with the Jones Act, can be brought against the employer for defects that the shipowner employer had no previous knowledge thereof.
Maritime employees engaged in activities, such as aboard floating offshore oil rigs, jack up boats, supply boats, tug boats, tow boats, crew boats, derrick barges, and pipelay barges may qualify for benefits under the legislation. Land-based employees who perform only a portion of their duties on the navigable waters are ineligible. According to the legislation, other eligibility requirements include the following:
Under the Jones Act maritime employers must provide its workers with a reasonably safe place to work and provide ongoing training.
Injured maritime workers should complete the followings steps to obtain just compensation under the Jones Act, and those include:
The Act places a significant burden on ship owners and employers to ensure the workplace is reasonably safe for all crew members.
You could be eligible to collect benefits under the Jones Act if you suffered harm while working at sea or on open waters. While the legislation protects you by covering the monetary damages, the laws are complex.
A seasoned personal injury lawyer can fight for your rights and help you through the process. Call Kopfler and Hermann soon to schedule a free consultation and learn more.
