Legal Options for Maritime Employees Not Covered Under the Jones Act
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Even when maritime employees don’t meet the Jones Act claim requisites for a maritime accident, there’re still other legal options available through a Louisiana maritime lawyer.
The Jones Act was put into place to protect maritime employees if they were injured on job. Not all maritime employees fall under the Jones Act’s definition of seamen, however. For those workers who are unable to file a Jones Act claim for their maritime accident, there are other forms of legal recourse available.
Who is covered under the Jones Act?
The Jones Act allows what they refer to as “seamen” to seek compensation from their employers if they suffered a maritime accident because of their employer’s negligence. In order to file Jones Act claims, one of the requisites is that the maritime employees must be considered masters or crewmembers of vessels.
The federal government defines a seaman as someone who is permanently employed on a vessel operating on navigable waters:
• barge workers;
• maintenance crew;
• oil rig workers;
• captains, masters, and officers;
• deck hands;
• servers, cooks, bartenders; and
• any other crew members.
The 30 percent rule applies to the Jones Act, as well; maritime employees must spend no less than 30 percent of their working hours on the vessel.
Some employees that don’t meet these definitions and are not considered seamen. This includes: workers who spend less than 30 percent of their hours working on a vessel; those whose work involves maritime activities but not on navigable waters (e.g., dock workers, shipbuilders, and harbor workers); and employees who work on multiple vessels that are not under common ownership.
Recourse for Employees not covered by the Jones Act
For employees not covered under the Jones Act, maritime law still provides a few possible forms of legal recourse. Firstly, there is the Longshore and Harbor Workers’ Compensation Act (LHWCA).
This act covers employees that aren’t considered seamen, but were injured while on navigable waters or in adjoining areas used in the loading, unloading, repairing, or building of vessels. These types of employees will be able to file a LHWCA claim to for medical benefits and lost wages.
For workers who neither fit the Jones Act nor the LHWCA’s guidelines, they may still be able to file a claim under general maritime law. General maritime law has been in place for centuries and includes a host of remedies for those injured in maritime accidents.
This can include claims regarding: third-party negligence matters; passenger negligence issues; product liability; and wrongful death.
Types of Compensation Available for Injured Maritime Workers
The types of benefits available for injured workers depend upon the type of claim filed, the nature of the accident, and the severity of the injuries. Some of the possible compensable damages include: lost wages; medical care; disability; disfigurement; and pain and suffering.
Filing an Appropriate Claim with a Maritime Attorney
It can be difficult to ascertain exactly what type of claim to file, what types of benefits may be available, and how to go about securing the highest settlement possible.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime/admiralty law.
Copyright The Young Firm
More information about The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Who is covered under the Jones Act?
The Jones Act allows what they refer to as “seamen” to seek compensation from their employers if they suffered a maritime accident because of their employer’s negligence. In order to file Jones Act claims, one of the requisites is that the maritime employees must be considered masters or crewmembers of vessels.
The federal government defines a seaman as someone who is permanently employed on a vessel operating on navigable waters:
• barge workers;
• maintenance crew;
• oil rig workers;
• captains, masters, and officers;
• deck hands;
• servers, cooks, bartenders; and
• any other crew members.
The 30 percent rule applies to the Jones Act, as well; maritime employees must spend no less than 30 percent of their working hours on the vessel.
Some employees that don’t meet these definitions and are not considered seamen. This includes: workers who spend less than 30 percent of their hours working on a vessel; those whose work involves maritime activities but not on navigable waters (e.g., dock workers, shipbuilders, and harbor workers); and employees who work on multiple vessels that are not under common ownership.
Recourse for Employees not covered by the Jones Act
For employees not covered under the Jones Act, maritime law still provides a few possible forms of legal recourse. Firstly, there is the Longshore and Harbor Workers’ Compensation Act (LHWCA).
This act covers employees that aren’t considered seamen, but were injured while on navigable waters or in adjoining areas used in the loading, unloading, repairing, or building of vessels. These types of employees will be able to file a LHWCA claim to for medical benefits and lost wages.
For workers who neither fit the Jones Act nor the LHWCA’s guidelines, they may still be able to file a claim under general maritime law. General maritime law has been in place for centuries and includes a host of remedies for those injured in maritime accidents.
This can include claims regarding: third-party negligence matters; passenger negligence issues; product liability; and wrongful death.
Types of Compensation Available for Injured Maritime Workers
The types of benefits available for injured workers depend upon the type of claim filed, the nature of the accident, and the severity of the injuries. Some of the possible compensable damages include: lost wages; medical care; disability; disfigurement; and pain and suffering.
Filing an Appropriate Claim with a Maritime Attorney
It can be difficult to ascertain exactly what type of claim to file, what types of benefits may be available, and how to go about securing the highest settlement possible.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime/admiralty law.
Copyright The Young Firm
More information about The Young Firm
View all articles published by The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
