Are You Covered by the Jones Act?

A person can suffer injuries just about anywhere. However, if you suffer injuries while performing work, you may be entitled to (or restricted to) certain forms of recovery depending on where those injuries occur and your relationship with the location. For example, a person who is injured as a result of work they are performing may be limited to recovery under the Worker’s Compensation Act. The same is true for a person who is injured on the high seas.

When a seaman suffers personal injury or death while on a vessel, the Jones Act provides an expansive remedy for him. The Act mandates that “any seaman who shall suffer personal injury in the court of his employment may, at his election, maintain an action for damages at law.” However, coverage under the Jones Act is dependent on one thing: whether or not the employee constitutes as a “seaman.” Unfortunately, because the Act does not directly define who qualifies as a “seaman,” it is often difficult to know whether you meet the requirements of a Jones Act seaman.

In order to qualify as a Jones Act seaman, one must show: (1) the employees duties contribute to the function of the vessel or to the accomplishment of its mission; and (2) there is a connection to a vessel in navigation that is substantial in terms of both duration and its nature.

As for the first requirement, the duties required of the maritime worker do not include just participation in navigation or the actual transportation of the vessel necessarily. The duration of time the worker must have spent working cannot be a relatively small amount of tim, such as 30 minutes. Instead, the employee must spend a fairly significant amount of time connected to his assigned vessel. Further, the extent to which a person is connected to the vessel is not limited to a “snapshot” of his time, but is determined based on the totality of the relationship to the vessel.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you or a loved one has suffered harm because of the fault of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).