Jones Act Cases
The Jones Act, enacted in 1920, protects seamen who are injured or killed because of negligence on a vessel. This federal law allows maritime workers to file a claim against their employer or vessel owner.
If you were hurt while working at sea, a New Orleans Jones Act lawyer can help you understand your legal rights and pursue compensation.
Under the Jones Act
“Any sailor who suffers personal injury in the course of employment may bring an action for damages at law, with the right to trial by jury.”
This law allows seamen to bring claims for negligence or unseaworthiness against vessel owners. At Cueria Law Injury Lawyers, our maritime injury lawyers help injured seamen recover the compensation they deserve.
Jones Act Compensation
Under the Jones Act, injured seamen have the right to maintenance and cure. In addition, they may recover damages for several losses.
Compensation may include:
- Lost wages
- Medical expenses
- Diminished earning capacity
- Pain and suffering
- Permanent disability
- Reduced quality of life
If you or a loved one suffered an offshore injury, contact a Jones Act attorney in New Orleans today. Our firm has handled numerous Jones Act cases and secured million-dollar verdicts for injured maritime workers.
Potential Punitive Damages in Jones Act Claims
Under maritime law, injured seamen have the right to receive maintenance, cure, and unearned wages after an injury or illness.
Maintenance and cure requires a shipowner to provide:
- Living expenses during recovery
- Medical care and treatment
- Necessary medical expenses
This obligation exists regardless of fault. Even if the seamen caused the accident, the employer must still provide maintenance and cure.
For many years, courts did not allow punitive damages in these claims. However, this changed in 2009 when the United States Supreme Court decided Atlantic Sounding Co. Inc. v. Townsend.
The court rules that punitive damages may apply when an employer willfully refuses to provide maintenance and cure. Because of this decision, it is critical to work with an experienced maritime injury lawyer who understands Jones Act litigation.
Negligence vs. Unseaworthiness
Under general maritime law, vessel owners must provide a seaworthy vessel for their crew. This duty is absolute.
Therefore, a shipowner can be responsible for injuries caused by unseaworthiness conditions, even in negligence is not proven.
Our New Orleans Jones Act attorneys carefully investigate each case to identify negligence or unseaworthiness.
Examples of Negligence
Negligence may occur when:
- The employer fails to hire enough crew members
- Workers do not receive proper training
- Safety rules are ignored or not enforced
- Equipment is unsafe or poorly maintained
- Protective gear is not provided
- Work continues despite dangerous weather conditions
Examples of Unseaworthiness
A vessel may be unseaworthy when:
- Decks, gangways, or passageways are unsafe
- The vessel does not have an adequate crew
- Lines, cables, or wires are improperly stored
- Hulls, rails, or bulkheads are defective
- Lifeboats or emergency equipment malfunction
- Work procedures are excessively dangerous
Wrongful Death Under the Jones Act
The Jones Act also applies to wrongful death at sea. Families may pursue compensation if a loved one dies due to negligence or unsafe conditions on a vessel.
At Cueria Law Injury Lawyers, we represent families in wrongful death Jones Act claims.
Common causes of fatal maritime accidents include:
- Crane accidents
- Vessel capsizing or sinking
- Onboard fires or explosions
- Cargo handling accidents
- Parting tow lines
- Failure to provide emergency medical care
If someone you love died in an offshore accident, our New Orleans Jones Act lawyers can help you pursue justice.
Offshore Accident Injuries
Working in the maritime industry carries significant risk. Each year, many offshore workers suffer serious injuries while working on vessels.
Employees on supply boats, crew boats, and tugboats often face dangerous working conditions. When an injury occurs, the worker may lose the ability to earn a living while medical bills continue to grow.
At Cueria Law Injury Lawyers, we frequently represent injured seamen who cannot work due to serious maritime injuries.
Common Offshore Injuries
Maritime workers may suffer injuries such as:
- Falling overboard
- Falling from elevated structures on a vessel
- Slip and fall accidents on deck
- Injuries from heavy lifting or strenuous duties
- Struck-by accidents involving cargo or equipment
- Entanglement in mooring lines
- Burns from steam or engine exhaust
- Cold exposure injuries
- Electrical shocks
- Toxic exposure from cargo or cleaning chemicals
- Food or water contamination poisoning
- Explosions or onboard fires
Rough seas, heavy machinery, and moving cargo make maritime work extremely dangerous.
Employers must provide proper training, safe equipment, and secure working environment. When they fail to do so, the risk of injury increases.
Injured seamen can file a Jones Act personal injury claim to recover compensation.
Contact a New Orleans Jones Act Lawyer
Vessel owners must maintain a safe working environment for their crews. When they fail to meet this obligation, serious injuries and fatalities can occur.
If you or a loved one suffered an offshore injury, the Jones Act allows you to pursue compensation.
Contact a Jones Act attorney at Cueria Law Injury Lawyers today for help with your maritime injury claim.
FAQ: Jones Act
What Is the Burden of Proof?
In a Jones Act claim, the injured seamen must prove that the employer’s negligence caused the injury.
However, the law uses a “featherweight” burden of proof. This means the seamen only needs to show slight evidence that negligence contributed to the injury.
Because Jones Act claims can be complex, working with an experienced New Orleans Jones Act lawyer can greatly improve your chances of recovering compensation.
