If you’ve been injured in a maritime accident off the coast of New Orleans, Louisiana, you may qualify for benefits under The Jones Act. You might even be able to sue your employer for additional damages under this federal maritime law. However, Jones Act claims are notoriously difficult. It’s important to put your best foot forward by working with an experienced New Orleans Jones Act lawyer at Mansfield Melancon Car Accident and Personal Injury Lawyers.
Mansfield Melancon Car Accident and Personal Injury Lawyers is a nationally recognized personal injury law firm dedicated to helping injured maritime workers get their lives back on track after devastating accidents at sea. Backed by over 50 years of collective experience, our top-rated Louisiana trial attorneys have recovered tens of millions in monetary awards.
Call our law office in New Orleans at (504) 294-3804 to discuss your Jones Act case act with our award-winning team for free. We’re here to help 24 hours a day.
How Mansfield Melancon Car Accident and Personal Injury Lawyers Can Help You Navigate a Jones Act Claim After a Maritime Accident in New Orleans, LA
Jobs in the maritime industry are inherently dangerous. When you’re injured while working in support of a navigable vessel, the consequences can change your life forever. You’ll need time to recover. You’ll also need money to pay for your medical care, make up for lost wages, and potentially offset your harder-to-value pain and suffering.
Hiring an experienced New Orleans maritime injury lawyer can help you take legal action and give you the time you need to focus on getting better.
Choosing Mansfield Melancon Car Accident and Personal Injury Lawyers puts an award-winning team of Louisiana litigators with over a half-century of experience in your corner. We’re trusted and respected legal advocates recognized as leaders in personal injury disputes by the Multi-Million Dollar Advocates Forum, Super Lawyers, and The National Trial Lawyers.
When you ask for our help with your Jones Act claim, we will:
- Conduct a timely, independent investigation of your maritime injury
- Review the results of internal and/or government-led inquiries into your accident
- Enlist experts in maritime operations, vessel maintenance, forensics, medicine, and rehabilitation to consult with our legal team
- Evaluate key pieces of evidence, such as medical records, vessel maintenance records, employer hiring and training policies, and accident reports
- Determine if your employer was negligent in any way and, if so, whether their negligence contributed to your maritime injuries
- Establish the seaworthiness of the vessel on which you worked in support
- File your legal claim(s) with the appropriate parties
- Actively seek the maximum benefits and/or damages to which you’re entitled under state and/or federal law
- Represent you at hearings, on appeal, and/or at trial, if necessary
You’re going through an incredibly difficult time in your life–let our New Orleans personal injury attorneys be there to support you every step of the way. We represent our clients on contingency. Pay nothing for our help unless we’re successful in recovering compensation for you.
There’s no charge for an initial case evaluation, so contact our New Orleans, LA, law office today.
What is The Jones Act?
The Jones Act is a federal maritime law that regulates the transportation of goods from coastal ports in the United States. Also known as the Merchant Marine Act of 1920, it also offers legal protections to certain industry workers who are injured on the job.
When a qualifying maritime worker suffers injuries or becomes ill while working, they may qualify to:
- Receive maintenance and cure benefits and/or
- File a civil lawsuit against their employer for compensatory damages.
However, The Jones Act only applies to a limited number of maritime workers. To qualify for benefits under the Jones Act, you must be classified as a “seaman.”
Who Qualifies As a Seaman?
A seaman is a person who spends a significant amount of their time working on board and in support of a vessel in navigation.
What’s a “significant amount” of time? Traditionally, you’re expected to spend about 30 percent of your workday on the vessel. If you spend time off the vessel, your work should be supportive of its operations. If you spend time working on and in support of multiple vessels, the time on board those vessels can be combined to determine if you qualify as a seaman under the Jones Act.
What’s a vessel in navigation? A vessel is considered “in navigation” if it’s afloat, capable of moving, in navigable waters, and in operation.
So, if you spent your day working on a ship that was docked for repairs, you would not be considered a seaman for the purposes of Jones Act benefits.
What Are Maintenance and Cure Benefits?
When you qualify as a seaman and get hurt in the course of your employment, you’ll be able to request maintenance and cure benefits from your employer (or the owner of the vessel). Maintenance benefits are paid to cover your day-to-day living expenses while you’re injured. They can include money for:
- Rent and other housing expenses
- Utilities
- Food
- Gas
- Cell phone
- Meals
Cure benefits are paid to cover the costs of medical care to help you recover from your work-related injuries, which might include:
- Hospitalization
- Medical equipment and/or devices
- Medication
- Surgery
- Follow-up care
Benefits can be paid until you reach Maximum Medical Improvement (MMI) and you return to work.
Can I Sue My Employer Under The Jones Act?
It’s possible. You might be able to file a civil personal injury lawsuit against your employer under The Jones Act if you’re a seaman who suffers injuries because:
- Your employer or a co-worker was negligent or
- The vessel you work in support of is unseaworthy.
Negligence means that someone who owed you a duty of care acted unreasonably and, in turn, directly contributed to your maritime injury.
A vessel is considered unseaworthy if the vessel, or any of its parts, “is not reasonably fit for its intended purpose.” Since it’s up to your employer (or the vessel’s owner) to ensure a vessel is seaworthy, you can sue them for damages if the vessel contributes to your maritime injuries.
Through a civil lawsuit, you can request economic damages for your financial losses, as well as non-economic damages for your more difficult-to-value suffering, including disfigurement, loss of consortium, and emotional distress. Punitive damages may also be awarded if your civil Jones Act lawsuit goes to trial.
Can I Get Compensation Under The Jones Act If I’m Partly to Blame For My Accident?
The Jones Act offers maintenance and cure to qualifying maritime workers on a no-fault basis. So, you can get benefits even if your own negligence contributed to your work-related injury.
However, shared fault will be a factor if you file a separate lawsuit against your employer. In these situations, Louisiana’s pure comparative negligence statute will apply. As a result, your damages will be reduced proportionately to your percentage fault.
If you’re assigned 15 percent of the blame for your maritime accident, your financial settlement or jury award will be reduced by 15 percent to reflect that. The good news is that under Louisiana law, you can recover a portion of your losses as long as you are not 100% at fault.
Our Jones Act attorneys in New Orleans will help you navigate claims of shared fault and work to help you not only win your case but also maximize your recovery.
What Injuries Are Compensable Under The Jones Act?
At Mansfield Melancon Car Accident and Personal Injury Lawyers, we’re here to help you seek compensation for any injuries you’ve suffered as a seaman working in support of a vessel in navigation near the coast of Louisiana, including:
- Nerve damage
- Crushing injuries
- Broken bones
- Burn injuries
- Spinal cord injuries
- Quadriplegia injuries
- Back injuries
- Herniated disc injuries
- Neck injuries
- Whiplash injuries
- Concussion injuries
- Traumatic brain injuries
- Amputation
- Catastrophic injuries
- Eye injuries
- Wrongful death of a family member
Don’t hesitate to report your accident to your supervisor, seek medical care at an on-shore facility, and then contact our New Orleans maritime accident attorneys to discuss your rights for compensation under The Jones Act.
How Long Do I Have to File a Jones Act Claim in New Orleans?
The federal government applies a three-year statute of limitations to Jones Act claims. This gives you three years from the date of your maritime accident to formally seek benefits. However, you should be aware that if you file a separate civil lawsuit, your statute of limitations will only be two years from the date of your accident or injury.
It is essential that you speak with a lawyer about what the statute of limitations might be in your particular case and whether or not any exceptions might apply. If you don’t file your claim in time, you risk losing your right to receive any compensation.
Schedule a Free Consultation With an Experienced New Orleans Jones Act Lawyer
Don’t struggle with the consequences of a recent maritime accident in New Orleans on your own. Whether you’re a captain, a crewmember, or another worker who supports a vessel in navigation, you may qualify for monetary benefits under The Jones Act. Mansfield Melancon Car Accident and Personal Injury Lawyers wants to help you maximize your recovery.
Our New Orleans Jones Act lawyers have 50+ years of relevant experience and a proven track record of winning top results. Trust us to do everything in our power to make a difference in your life after a maritime accident, too.
We offer a free consultation. Contact our New Orleans law office to set a time to sit down with our team today.
