Contact an attorney if you have been injured while working on a sea vessel and see how you might be compensated under The Jones Act.
Acts of negligence for maritime workers who are injured on the job can be addressed through maritime laws including the Jones Act, which is a federal law passed to protect workers on vessels in navigation. Before this Act was passed, seamen who were injured while working could collect damages from the owner of a vessel for injuries received as a consequence of an unseaworthy vessel, but they could not recover for negligent acts of the ship’s master or crew. Contact an accident attorney who can help your recover compesnation for injuries you received while working on a vessel.
The Jones Act.
The United States Congress enacted the Jones Act in 1920 to allow enhanced damage recovery options for seamen who were trying to recover for negligence. It incorporated the Federal Employer’s Liability Act (FELA) which was passed to protect railroad workers, and under the Act a maritime worker can recover compensation if they are injured because an employer failed to provide a safe place to work. The accident surroundings are not limited to the sea vessel, but could include the scope of travel related to seafaring activities connected to the employer, including hotel accommodations or other “room and board.”
Types of vessels in Louisiana ports.
The Mississippi River and Gulf of Mexico are navigable waters, along with other rivers and waterways throughout Louisiana. Port cities such as Lake Charles, New Orleans ,and Baton Rouge see thousands of vessels including crew boats, supply boats, cargo ships and barges to name a few, and hundreds of millions of cargo tons each year, with the Port of South Louisiana in La Place handling the largest amount of shipping of all U.S. ports. Serious injuries and wrongful accidental deaths are common in these high ship traffic regions.
Responsible party.
A sea captain, ship’s captain, captain, master, or shipmaster, is a high-grade licensed mariner who holds ultimate command and responsibility of a merchant vessel. The captain is responsible for the safe and efficient operation of the ship, including its seaworthiness, safety and security, cargo operations, navigation, crew management, and legal compliance, and for the persons and cargo on board and can be responsible for negligence toward seamen who are injured in the course of their duties on the sea vessel.
Negligent acts.
- failure to maintain safe equipment and appliances
- incompetent masters and crew
- work related assaults committed by fellow seamen
- negligent orders
- lack of proper medical treatment
- traveling in unsafe weather
- failure to search and rescue
Damages.
- medical expenses
- pain and suffering
- loss of wages
- funeral expenses
- mental anguish
- disability
- loss of enjoyment of life
- lisfigurement
- loss of future wages and benefits
In wrongful death claims, damages for pain and suffering that occurred prior to death are also able to be recovered (as long as they were filed within the statute of limitations).
Jones Act Statute of Limitations.
The time frame to file a legal action for damages under the Jones Act is within three years of the injury or three years when a reasonable seaman could have been aware of the wrongful conduct causing damages. Contact the Law Offices of Stag Liuzza to discuss your individual case for compensation for damages sustained while working aboard a sea vessel.
STAG LIUZZA, LLC
One Canal Place
365 Canal Street
Suite 2850
New Orleans, LA 70130
Ph: 504-593-9600
Fax: 504-593-9601
Sources:
https://www.law.cornell.edu/uscode/text/46/50101
https://www.law.cornell.edu/uscode/text/46/30104
