SECURING THE COMPENSATION YOU DESERVE

Your Rights Under the Jones Act: A Guide for Injured Seamen

If you’ve been injured while working on a vessel, the Jones Act provides critical federal protections. Our Jones Act attorneys are dedicated to helping you understand your rights and secure the compensation you deserve.

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Understanding the Jones Act: A Cornerstone of Seamen’s Rights

The Jones Act, officially known as the Merchant Marine Act of 1920, is a federal law designed to protect American seamen injured while working on vessels in navigable waters. Unlike traditional workers’ compensation, the Jones Act allows injured seamen to sue their employers for negligence. This means that if your injury was caused, even in part, by the employer’s or a fellow crew member’s negligence, you may be entitled to recover damages.

At LKSA Law Firm, our Jones Act lawyers in New Orleans possess a deep understanding of this vital statute. As a key part of our maritime and admiralty law practice, we have spent decades helping injured seamen navigate the complexities of these claims, ensuring they receive the full protection and compensation the law allows.

Who Qualifies for Jones Act Protection? Defining “Seaman” and “Vessel”

A crucial first step in any Jones Act claim is determining if you qualify as a “seaman” and if your injury occurred on a “vessel.” These definitions are often more complex than they seem and have been refined through numerous court decisions. Our attorneys are highly experienced in assessing these foundational elements of your case.

  • Defining a “Seaman”: To qualify as a seaman under the Jones Act, you must spend at least 30% of your work time aboard a vessel or fleet of vessels in navigation, and your duties must contribute to the vessel’s mission or function. This standard was established by the U.S. Supreme Court in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995). It covers a wide range of maritime workers — deckhands, captains, engineers, cooks, crane operators, and others whose primary work is vessel-based.
  • Defining a “Vessel”: Under the Jones Act, a “vessel” is broadly defined as any watercraft capable of transportation on navigable waters. This can include traditional ships, tugboats, barges, dredges, jack-up rigs, and even certain floating platforms or specialty craft. The key is its capability for transportation and its use on navigable waters.

Not sure if you qualify? Workers on fixed offshore platforms, dock workers, longshoremen, and harbor workers typically don’t qualify as Jones Act seamen — but they are protected under other federal laws. Workers on fixed OCS platforms are often covered by OCSLA, while dock and harbor workers are typically covered by the LHWCA. An LKSA attorney can confirm which law applies to your situation in a free consultation.

The Jones Act provides seamen with the powerful right to sue their employer for negligence. This is just one of the three core rights you possess after an injury. Watch our video to get a full overview of your rights as a seaman.

Employer Negligence: The Foundation of a Jones Act Claim

Unlike workers’ compensation systems, the Jones Act requires you to prove that your employer’s negligence, however slight, contributed to your injury. This “featherweight” standard — established under Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500 (1957) and applied to Jones Act cases — means that even the slightest employer negligence, if it played any part in causing the injury, is sufficient to support a claim.

Employer negligence can take many forms, including:

  • Failure to provide a safe place to work or safe equipment.
  • Failure to adequately train crew members.
  • Failure to hire competent crew members.
  • Failure to warn about dangerous conditions.
  • Failure to provide adequate medical care (related to “cure”).
  • Negligence of a fellow seaman.

Even if you were partially at fault for your injury, you may still be able to recover damages under the Jones Act, though your compensation might be reduced proportionally. This is known as “comparative negligence.”

Proving employer negligence can be challenging, requiring thorough investigation and a deep understanding of maritime operations and legal precedent. Our firm is well-prepared to gather evidence, interview witnesses, and build a compelling case to demonstrate your employer’s liability.

Another powerful right granted to Jones Act seamen is the ability to file a claim for unseaworthiness. This ‘no-fault’ claim holds a vessel owner liable for unsafe conditions. To understand how this works, watch our short video explanation on unseaworthiness.

Compensation & Benefits for Injured Seamen

When you file a successful Jones Act claim, you may be entitled to recover comprehensive compensation for the losses you’ve endured. Unlike basic workers’ compensation, the Jones Act allows for a broader range of damages, aiming to make you whole again. Our Jones Act attorney team will meticulously calculate your damages and fight to secure the maximum available compensation, which can include:

  • Maintenance and Cure: These fundamental benefits, paid by your employer regardless of fault, cover your daily living expenses (“maintenance”) and all necessary medical care (“cure”) until you reach maximum medical improvement.
  • Lost Wages and Earning Capacity: Compensation for income you’ve already lost due to your injury, as well as for your diminished ability to earn wages in the future.
  • Medical Expenses (Beyond Cure): Coverage for all past and future medical treatments, rehabilitation, therapy, and assistive devices not covered by maintenance benefits.
  • Pain and Suffering: Damages for the physical pain, emotional distress, mental anguish, and loss of enjoyment of life resulting from your injury.
  • Disfigurement or Impairment: Compensation for any permanent scarring, disfigurement, or loss of bodily function.

In cases involving gross negligence or intentional misconduct, punitive damages may also be pursued to punish the wrongdoer and deter future harmful acts.

Unsure what your Jones Act claim is worth? Talk to an LKSA attorney — free, confidential case review. (504) 588-1500

Choose LKSA: Leadership, Credentials, and Proven Results in Jones Act Cases

When facing an injury under the Jones Act, choosing the right legal representation is paramount. LKSA Law Firm offers a distinguished history and a proven commitment to injured seamen, demonstrated by our actions and peer recognition.

Jones Act lawyer new orleans
  • Court-Appointed Disaster Leadership: Our attorneys have been appointed by federal courts to lead the nation’s most consequential maritime disasters. Paul Sterbcow served as Co-Lead Trial Counsel for the Deepwater Horizon liability trial, and both he and Ian Taylor held leadership roles in the SEACOR Power litigation. This demonstrates judicial trust in our ability to handle the most complex cases.
  • Elite Trial Credentials: Our firm is home to multiple Fellows of the American College of Trial Lawyers, an honor reserved for less than 1% of attorneys in North America. This signifies that our trial skills are considered among the very best, a crucial advantage when negotiating with large maritime companies.
  • A Proven Record in High-Stakes Jones Act Cases: Our experience translates into significant results. In the Deepwater Horizon litigation, we were part of the team that secured a settlement in excess of $14.4 million for four injured rig workers under the Jones Act. This settlement was reached in the United States District Court for the Eastern District of Louisiana, where LKSA has litigated maritime cases for over 35 years.
  • The “Lawyers’ Lawyers” Reputation: We are consistently referred complex maritime cases from other attorneys across the United States. They trust our firm’s reputation for aggressive, innovative, and ethical legal strategies that have made and changed maritime law in favor of the injured.

Jones Act FAQs: Your Questions Answered by Our Attorneys

Many injured seamen have similar questions about their rights and the Jones Act claim process. Here are some common inquiries answered by our Jones Act attorney team:

First, seek immediate medical attention for your injuries and clearly report how the injury occurred to medical personnel. Second, notify your employer (captain, supervisor, company representative) in writing as soon as possible, detailing the incident. Third, preserve any evidence related to the accident, such as photos, videos, or witness contact information. Finally, contact an experienced Jones Act attorney before signing any documents or making statements to the company or its insurance representatives.

Yes, under the Jones Act’s principle of “comparative negligence,” you can still recover damages even if you were partly at fault for your injury. Your total compensation would simply be reduced by the percentage of fault assigned to you. For example, if you are found 20% at fault, your damages would be reduced by 20%. Our attorneys can help assess how this applies to your situation.

An “unseaworthiness” claim is often filed alongside a Jones Act claim. It asserts that the vessel itself, its equipment, or its crew (e.g., inadequate staffing) was not reasonably fit for its intended purpose, and this unfit condition caused your injury. An unseaworthiness claim is made against the owner of the vessel, which may or may not also be the seaman’s employer. Unlike the Jones Act, unseaworthiness is a “no-fault” claim, meaning you don’t need to prove negligence, only that the vessel was unseaworthy.

The statute of limitations for most Jones Act lawsuits is three years from the date of the injury. However, there are very limited exceptions, and various factors can affect this deadline. It is crucial to consult with a Jones Act lawyer as quickly as possible after an injury to ensure your rights are protected and you don’t miss any critical deadlines.

Federal law prohibits employers from retaliating against a seaman for filing a Jones Act claim. While it’s a common concern, employers cannot legally blacklist or fire you simply for seeking the compensation you are entitled to under the law. Our firm is dedicated to protecting your rights against any form of retaliation.

The Jones Act is a specific federal statute giving seamen the right to sue their employer for negligence. General maritime law is a broader body of federal common law that governs all maritime activities — it exists independently of any statute. Under general maritime law, an injured seaman can pursue an unseaworthiness claim against the vessel owner regardless of employer negligence. Most injured seamen pursue both a Jones Act negligence claim and a general maritime unseaworthiness claim simultaneously, as they have different legal standards and can result in different types of compensation.

Maintenance and cure are separate benefits owed to an injured seaman by their employer, completely independent of any negligence claim. Maintenance covers daily living expenses — essentially a per diem — while you are unable to work due to injury. Cure covers all necessary medical expenses until you reach maximum medical improvement (MMI). These benefits are owed regardless of who caused the injury. Employers who refuse or unreasonably delay maintenance and cure payments can face additional penalties including punitive damages. Read our full guide to maintenance and cure rights.

Have More Jones Act Questions? Contact Us.

Injured Under the Jones Act? Your Path to Recovery Starts Here.

Working on the water carries inherent risks, but an injury due to negligence should not leave you without recourse. If you are a seaman who has been injured, your rights are protected by the Jones Act. Contact Lewis, Kullman, Sterbcow & Abramson, LLC today for a free, confidential consultation. Our experienced Jones Act attorneys in Louisiana are ready to provide the formidable advocacy you need to pursue justice.

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