What is the Jones Act?
Louisiana supports one of the largest Maritime industries in the United States. In the maritime industry, many of these people are employed to work on and aboard vessels of various types in Louisiana. These workers are entitled to take advantage of an unique body of law called the Merchant Marine Act of 1920, or the Jones Act. A lawsuit for a Jones Act seaman against his or her employer means a greater recovery of damages that may otherwise be unavailable under most other bodies of law.
Unlike nearly every other body of law, the Jones Acts allows an injured worker to sue his employer for the employer's or the co-employees negligence occurring during work. An employer has a duty to exercise care by providing a reasonably safe work environment, training about safety in the workplace, and by providing adequate equipment. The Jones Act allows an injured worker to sue his employer for:
- Pain and suffering
- Mental and emotional anguish
- Past lost wages
Unlike the workers' compensation scheme, which only allows for workers' compensation benefits, the Jones Act offers an injured employee a far greater scope for recovery. The Jones Act applies to employees who are injured in the service of a vessel or fleet of vessels, when they contribute to the mission of this vessel.
Under current law, a vessel includes, jack-up rigs, semi-submersible rigs, ships, drill barges, river casino's, tug boats, shrimp boats, fishing boats, trollers, tankers, crew boats, utility boats, offshore support vessels, and water taxies. If the injured worker is working aboard one of these vessels, and their work contributes, in any way, to the overall mission of that vessel, then they are entitled to sue their employers and/or co-employees for injuries resulting from their negligence.
In addition to workers injured aboard vessels, people who spend more then 30% of their time aboard an identifiable vessel or fleet of vessels, may qualify as a Jones Act seaman, even if they were hurt while on land or while traveling to work aboard these vessels. A Jones Act seaman does not lose his status as a seaman, simply because he was injured on land.
Gaar Law Firm, Jones Act Attorneys
617 S. Buchanan Street, PO Box 2053
Lafayette, Louisiana 70501
800-553-2352
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