SPECIAL RIGHTS UNDER THE JONES ACT
Injured seamen have special rights under the Jones Act. These rights are protected by the federal court system, and they go beyond the rights of workers’ compensation claimants.
Typically, land basin employers are immune under the state workers’ compensation act or Longshore and Harbor Workers’ Compensation Act (LHWCA). However, Jones Act seamen are not barred in any way from bringing a Jones Act claim against their employer or the owners of the vessels. Even individuals injured while working high-risk jobs on floating vessels can bring a Jones Act claim for their injuries caused by:
- Their employer’s negligence
- An unseaworthy vessel
- Their employer’s failure to provide sufficient medical care
Jones Act claimants can recover “maintenance and cure,” including compensation for the food and shelter they would have received while working and compensation for their medical care and rehabilitation.
A FORMER OFFSHORE WORKER DEDICATED TO YOUR CLAIM
Personal injury attorney Joseph “Buzzy” Joy worked offshore for many years before he began his law practice, including working on supply boats, crew boats and rigs. He understands the perils of working offshore and the many ways that individuals can be negligently injured. He now protects the rights of injured seamen in federal Jones Act claims. In 1980, Mr. Joy made legal history in Louisiana in a back injury case, in which he proved that 135 pounds was too heavy for a seaman to handle without assistance. This was the first case of its kind where the singular theory of recovery for the injured worker was that 135 pounds was too heavy for a Jones Act seaman to handle alone.