Are You Covered Under the Jones Act?

A person can suffer injuries just about anywhere. However, where those injuries occur and the relationship with the location can affect a person’s ability to recover. For example, a person who is injured while working at their place of employment may be limited 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.” Nowhere in the Act itself does it define who qualifies as a “seaman,” so how do you known whether you are qualified under this Act?

A person trying to avail himself under the Jones Act 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.

In reference to the first prong, 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 also cannot be a small amount of his, such as 30 minutes, but fairly significant. Further, the nature in which a person is connected to the vessel is not limited to a “snapshot” of his time, but actually considers 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).