Author: Henri Saunders
Navigating the waters of maritime law can be as challenging as navigating the sea itself. If you’ve worked on a vessel or spent much of your employment on Louisiana’s rivers and offshore waters, understanding your legal rights after an injury can be complicated. As a partner at Saunders & Chabert, I’m passionate about helping Louisiana’s maritime workers find their way through the complexities of the Jones Act—a law designed to protect seaman.
Our firm’s logo includes a compass because it’s our mission to guide you toward the justice and compensation you deserve.
Understanding the Jones Act
The Jones Act, formally known as the Merchant Marine Act of 1920, grants certain rights to maritime workers who qualify as “seamen.” Instead of going in-depth here, I encourage you to read our previous post, The Jones Act Explained: Understanding Maritime Workers’ Rights and Compensation, for a full overview.
In essence, the Jones Act allows qualified seamen to bring claims against their employers for work-related injuries, providing them with maintenance and cure benefits, as well as the ability to sue for negligence.
The Criteria to Qualify as a Seaman
To qualify as a seaman under the Jones Act, a maritime worker must meet specific criteria that courts have identified as essential. Understanding each factor can clarify whether a worker qualifies for the protections and compensation the Jones Act provides.
To determine seaman status, the courts typically consider three main factors:
- Time on a Vessel: A worker generally needs to spend at least 30% of their working hours on a “vessel.”
- Vessel: A vessel isn’t limited to traditional ships. It can include tugboats, barges, oil rigs, or any structure used to transport goods or people on navigable waters.
- Assignment to a Vessel or Fleet: A seaman must be assigned to a vessel, such as a tugboat, cargo ship, an oil rig, or, to a “fleet of vessels” owned or operated by the same company.
- Fleet of Vessels: Working on a group of vessels under a single employer counts toward seaman status.
- “In Navigation” Requirement: The vessel must be “in navigation,” meaning it is actively in operation or ready to move from one place to another.
- Navigable Waters: These are waters that facilitate interstate or international commerce, such as rivers, oceans, and significant lakes.
Examples of Jobs That Qualify
Common roles that often qualify as seamen under the Jones Act include deckhands, captains, engineers, and offshore oil rig workers. However, it’s important to distinguish between these and other maritime roles, like longshoremen and shipyard workers, which are covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA), NOT the Jones Act.
Proving Seaman Status and Understanding Your Rights Under the Jones Act
Establishing seaman status is critical in Jones Act cases as it opens the door to important protections and compensation. However, determining who qualifies isn’t always straightforward.
When an employer disputes a worker’s status to avoid liability, courts look at specific factors, including:
- Control Over the Worker: Who directed your work and maintained control over your working environment?
- Essential Work Functions: Were your duties essential to the vessel’s operation and function?
Disputes over seaman status can arise, especially in roles that do not clearly fit under the Jones Act. Here, the expertise of a maritime attorney is essential. By demonstrating these factors, Saunders & Chabert can strengthen the case for Jones Act coverage.
If you qualify as a seaman, the Jones Act provides two primary forms of compensation:
- Maintenance and Cure: Covers daily living expenses and medical costs during recovery.
- Additional Damages for Negligence: Allows further compensation if employer negligence contributed to the injury.
With the right guidance, you can secure the compensation and justice you deserve. Our team at Saunders & Chabert leverages extensive experience to navigate these gray areas, countering attempts to downplay your role and ensuring your rights are protected. Just as our compass logo represents our commitment to guiding you, we’re here to help you understand and access the full compensation available under the Jones Act.
How Our Louisiana Jones Act Lawyers Can Help
Qualifying as a seaman under the Jones Act can make a profound difference in your ability to secure fair compensation after a maritime injury. My personal background working offshore gives me a personal connection to these cases, and I know how crucial it is to have someone who truly understands your situation advocating for you.
If you work on a vessel and believe you might qualify, knowing your status is the essential first step in protecting your rights. Let Saunders & Chabert show you the way—contact us today for a consultation, and we’ll navigate your path to the justice you deserve.