A Practical Guide for Maritime Workers in St. Mary Parish
As a St. Mary Parish Jones Act attorney, we understand that maritime workers face serious risks every day. In fact, injuries and illnesses on the water can change your life in an instant.
Because maritime work is so dangerous, federal law provides special protections. One of the most important is the Jones Act, also known as the Merchant Marine Act of 1920. This law protects maritime workers who are injured or become ill while performing their job duties.
Below, we answer common Jones Act questions. By doing so, we aim to help you better understand your rights, your legal options, and the steps you should take after a maritime injury.
Overview of the Jones Act
What Is the Jones Act?
The Jones Act is a federal law that governs maritime injury claims involving seamen. Congress enacted it in 1920 to protect maritime workers who were not covered by traditional workers’ compensation laws.
As a result, injured seamen gained the right to pursue compensation when employer negligence or unsafe vessel conditions caused harm. In other words, the Jones Act gives maritime workers legal rights that land-based employees often do not have.
Who Does the Jones Act Apply To?
The Jones Act applies only to workers who qualify as seamen. To meet this definition, you must:
- Work aboard a vessel in navigation
- Contribute to the vessel’s mission or operation
- Spend a substantial amount of your working time on the vessel (typically at least 30%)
Because of this requirement, not all maritime workers qualify automatically. However, many positions do fall under Jones Act protection, including:
- Captains and mates
- Deckhands and able-bodied seamen
- Engineers, oilers, and QMEDs
- Tankermen and bosuns
- Pilots and electricians
- Cooks and stewards
- Cruise ship workers, such as servers, performers, and housekeeping staff
If you are unsure whether you qualify, a Jones Act attorney can review your work duties and vessel assignments. That review often makes the difference.
Vessels and Navigable Waterways
What Counts as a “Vessel” Under the Jones Act?
The Jones Act covers a wide range of watercraft. Generally speaking, courts interpret the term “vessel” broadly.
For example, covered vessels often include:
- Tugboats and barges
- Tankers and container ships
- Drill ships and dredges
- Crew boats and supply vessels
- Commercial fishing boats
- Ferries and cruise ships
However, not every structure on the water qualifies. For instance, certain fixed platforms or casino riverboats may fall outside Jones Act coverage. Because of this, classification matters greatly.
What Are Navigable Waterways?
Navigable waterways are bodies of water used for interstate or international commerce. These commonly include:
- Oceans and coastal waters
- Rivers and canals
- Harbors, ports, and connected waterways
In contrast, some landlocked lakes may not qualify. Therefore, location plays a key role in determining whether maritime law applies.
Maintenance and Cure Benefits
What Is Maintenance and Cure?
If you are injured or become ill while working as a seaman, you are typically entitled to maintenance and cure benefits.
- Maintenance helps cover your daily living expenses while you recover on land
- Cure covers reasonable and necessary medical treatment until you reach maximum medical improvement
Importantly, these benefits apply regardless of fault. Even if you contributed to your own injury, your employer must still provide maintenance and cure. Because of this, these benefits often provide immediate financial relief.
Your Rights Under Maritime Law
What If I Was Injured On or Near the Water?
If you were injured while working on or near navigable waters, you may have rights under:
- The Jones Act
- General maritime law
- Maintenance and cure obligations
However, maritime law is complex. Therefore, speaking with a St. Mary Parish Jones Act attorney is essential to understanding which laws apply to your case.
Who Does Maritime and Admiralty Law Cover?
Maritime and admiralty law applies to many workers connected to vessel operations, including:
- Seamen
- Longshoremen and harbor workers
- Offshore oil and gas workers
- Employees involved in maritime commerce
Because each worker’s role differs, legal classification becomes critical. Your attorney will ensure you are classified correctly before pursuing compensation.
Reporting Injuries and Getting Legal Help
What Should I Do After a Maritime Injury?
After an injury, taking early action is crucial. Specifically, you should:
- Report the injury to your employer immediately
- Document how the incident occurred
- Seek medical treatment and keep all records
- Contact a Jones Act attorney as soon as possible
By acting quickly, you protect both your health and your legal rights.
Will I Be Blackballed for Filing a Jones Act Claim?
Some maritime workers worry about retaliation. While these concerns are understandable, your health must come first.
If employer negligence caused your injury, you have the right to seek compensation. Moreover, an experienced Jones Act attorney can guide you through the process while helping protect your professional future.
Compensation Available in Jones Act Cases
What Damages Can I Recover?
Depending on the facts of your case, you may recover compensation for:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
Because every case is different, a Jones Act attorney will evaluate your losses carefully and pursue full compensation.
Negligence and Unseaworthiness Claims
What Counts as Negligence or Unseaworthiness?
Employer negligence may include:
- Unsafe working conditions
- Inadequate training
- Failure to provide proper safety equipment
Unseaworthiness, on the other hand, focuses on the vessel itself. For example, it may involve defective equipment, insufficient crew, or unsafe procedures.
To succeed, you must show that negligence or unseaworthiness played a role in causing your injury. Fortunately, your attorney can help gather the necessary evidence.
Jones Act Statute of Limitations
How Long Do I Have to File a Jones Act Claim?
In most cases, you have three years from the date of injury to file a Jones Act claim. However, exceptions may apply.
Because deadlines are strict, it is best to consult a Jones Act attorney as early as possible.
Choosing a St. Mary Parish Jones Act Attorney
Why Legal Representation Matters
Jones Act cases involve federal law, complex evidence, and aggressive defense tactics. As a result, having experienced legal representation can significantly improve your outcome.
A knowledgeable attorney can:
- Confirm your eligibility
- Gather and preserve evidence
- Handle negotiations and litigation
- Protect your rights at every stage
Speak With a St. Mary Parish Jones Act Attorney Today
If you were injured while working on the water, you do not have to handle this alone. At Cueria Law Injury Lawyers, we have extensive experience handling Jones Act and maritime injury claims.
Therefore, we encourage you to contact us today to schedule a free consultation. We are ready to review your case, explain your options, and help you pursue the compensation you deserve.
