Keeping Up With The Jones Act [infographic]
Maritime Law can be confusing and complicated. The Jones Act and The Longshore & Harbor Workers’ Compensation Act are the two main laws covering injuries at sea. This infographic has facts and statistics about the Jones Act and explains what and who is covered in the event of a maritime accident.
Presented by Gauthier Amedee
Keeping Up With The Jones Act
ABOUT THE JONES ACT
The Jones Act is a law that applies to certain maritime workers when injured. Suits can be filed directly against employers, and monetary damages can be awarded in cases of negligence or if a vessel’s unseaworthiness contributed to an injury. Recoverable damages include loss of wage earning capacity, diminished quality of life, medical expenses, pain and suffering, and mental anguish.
ARE YOU COVERED UNDER THE JONES ACT?
Workers must spend at least 30% of their time on vessel to be considered a seaman, and therefore covered under the Jones Act. If it is determined that an injured worker does not fall under the category of seaman, they may still be able to recover damages under the Longshore & Harbor Workers’ Compensation Act.
HOW DO YOU KNOW IF YOU HAVE A JONES ACT CLAIM?
Claims need to determine that an employer’s negligence or an unseaworthy/unsafe condition contributed to an injury. Failure to provide a safe workplace is considered negligence.
EXAMPLES OF NEGLIGENCE
Improper medical/first aid staff
UNSEAWORTHY CONDITION EXAMPLES
Lack of safety equipment
Poorly trained crew
INJURIES COVERED UNDER THE JONES ACT
Injuries sustained on or off the vessel are covered, as long as the seaman was working in the service of an offshore vessel in navigable waters.
COMMON INJURIES COVERED
Toxic fumes exposure
Spinal cord & head injuries
WHAT IS CONSIDERED A VESSEL?
Vessels are covered as long as they have not been removed from navigation. These include, but not limited to:
Mobile offshore drilling units
WHAT TO DO IF YOU’VE BEEN INJURED
If you?ve been injured in a maritime accident, time is of the essence.
Contact an experienced attorney right away.
Federal law states that an injury must be reported within 7 days.
A JONES ACT lawsuit must be filed within 3 years from the date of the injury
A lawyer specializing in maritime law can help you determine whether your injury falls under the Jones Act or the Longshore & Harbor Workers’ Compensation Act.
Gauthier Amedee APLC, Personal Injury Law
2111 S. Burnside Ave.
Gonzales, LA 70737
DONTDELAY.COMJuly 3rd, 2019