Jones Act/Maritime Law

Legal Help After a Maritime Accident

Lake Charles Jones Act Lawyers

Maritime workers face unique hazards in the course of employment, which is why a special set of laws, one of which is called the Jones Act, protect them and their rights to compensation for injuries.

Maritime workers work on board fishing boats, cruise ships, yachts, processing vessels, tugs, crew boats, transfer boats, menhaden (pogie) boats, and shrimp boats, but also on jack-up oil rigs in the Gulf of Mexico. Maritime accidents can even occur on helicopters transporting workers to an offshore rig.

Maritime workers include seamen, but many also are oil drillers, roustabouts, deckhands, cooks, and riggers. (Learn more about who is covered under the Jones Act.)

Employers often fight Jones Act cases by claiming the injured worker did not qualify as a seaman or that the ship or offshore rig was not a vessel. Or they offer unreasonably low amounts for maintenance and cure (medical and living expenses).

The maritime attorneys at Broussard & Hart, L.L.C., understand the tricks employers use to try to deny benefits to injured seamen. We have the experience you need to challenge an employer if you or a member of your family suffered a serious or fatal injury.

Get legal advice before signing any settlement contract. Contact our Lake Charles law office for a free consultation.

Unseaworthiness and Other Areas of Employer Liability

An unseaworthiness claim can be pursued if the employer is the owner of a vessel and an injury was caused by an unsafe condition on the vessel. An employer can be held responsible for failing to provide a safe place to work - an unsafe vessel or another place under the employer's control. An employer can be liable for violation of a safety statute. An employer can also be liable for failing to provide adequate medical care.

The Jones Act also holds employers liable for the negligence of other others under their employ, including the negligence of the seaman's co-workers during the scope of their employment. An independent contractor can sometimes be viewed as an employee under the Jones Act.

Does a Seaman Have to be on the Vessel for a Claim?

Not necessarily: a seaman may be protected by the Jones Act even if he or she is temporarily working elsewhere, as long as the work was "in the service of the ship."

Overboard Accidents and Death on the High Seas Act

An employer must search for and attempt to rescue a seaman if he jumps or falls overboard. The search must continue for as long as it is feasible that the seaman could be alive in the water. Failure to do so can result in liability under the Act.

If a seaman dies in an oil-rig accident or other maritime accident, a wrongful death claim could be brought based on the Jones Act, on general maritime law, or on a separate federal statute called the Death on the High Seas Act.

Time Limits for Filing a Jones Act Claim

A Jones Act claim must be brought within three years of the injury, in federal court or state court. Your lawyer will decide where to file the claim in order to recover maximum compensation for you.

The injury lawyers at Broussard & Hart represent injured people throughout Southwest Louisiana from our Calcasieu Parish offices. If you would like to discuss a Jones Act or maritime injury claim, contact us or call 337-439-2450 (Toll Free: 866-281-4774) to arrange a free and confidential consultation. We will respond quickly to your inquiry.