The Jones Act provides critical protections for seamen and offshore workers injured on the job. If you’ve been hurt while working on navigable waters, you need an experienced offshore injury attorney to guide you through the legal process and fight for your rights. At Falcon Law Group, we specialize in Jones Act claims, ensuring injured maritime workers receive the compensation they deserve.
How An Attorney Can Streamline the Claim Process
Navigating a Jones Act claim can be intricate. Injured seamen need a dedicated maritime attorney to advocate on their behalf. Our legal team can streamline the claims process by:
- Investigating the accident: Gathering evidence, interviewing witnesses, and determining the cause of your injury.
- Establishing seaman status: Ensuring you meet the criteria for Jones Act coverage.
- Proving employer negligence or vessel unseaworthiness: Demonstrating how your employer's actions or the condition of the vessel contributed to your injury.
- Calculating full damages: Accurately assessing all your losses, including medical expenses, lost wages, pain and suffering, and future needs.
- Negotiating with insurance companies: Protecting you from lowball offers and aggressive tactics.
- Representing you in court: If a fair settlement cannot be reached, we are prepared to take your case to trial.
Under the Jones Act, the standard for proving employer negligence is often referred to as the "featherweight" standard, meaning the employer's negligence only needs to play even a slight part in causing the injury. This is a significantly more favorable standard for injured workers compared to typical land-based personal injury laws.
What is the Jones Act & Who Does it Protect?
The Jones Act, part of the Merchant Marine Act of 1920, was enacted to protect seamen and offshore workers by granting them the right to sue their employers for injuries caused by negligence or unseaworthy vessels.
To qualify as a seaman under the Jones Act, you must spend at least 30% of your work hours in service of a vessel on navigable waters, and substantially contribute to the vessel’s mission.
The Jones Act protects a wide range of maritime workers, including:
- Ship crewmembers and captains.
- Fishers and fish processors aboard fishing vessels.
- Offshore workers on mobile oil rigs or jack-up rigs.
- Tugboat crew.
- Commercial divers.
Navigable waters refer to waterways used for interstate or foreign commerce, while the mission of a vessel includes any work performed to support the vessel’s operations, from navigation to entertainment services.
How Offshore Accidents Happen
Maritime work is inherently hazardous, and accidents can arise from various factors, including negligence, unsafe conditions, or equipment malfunction. The Jones Act covers a wide range of injuries sustained in these environments.
Tugboat Accidents
Tugboat accident lawyers understand that crew members on these powerful vessels face unique risks. Accidents can stem from:
- Mechanical problems: Engine failures, winch malfunctions, or steering issues.
- Collisions: With other vessels, docks, or fixed structures.
- On-board hazards: Slippery decks, inadequate safety equipment, improper lighting, or insufficient crew training.
- Capsizing or sinking: Due to severe weather or instability.
- Slip and falls: A common cause of injury on wet or cluttered decks.
Injuries sustained in tugboat accidents can range from broken bones, back and neck injuries, traumatic brain injuries (TBIs), and spinal cord injuries to more severe outcomes like drowning, hypothermia, crush injuries, or burns. If the injured worker is a seaman, these injuries are absolutely covered by the Jones Act.
Commercial Diving Accidents
Commercial diving accident attorneys specialize in the unique and severe risks faced by these maritime professionals. Commercial divers often work in extreme conditions, utilizing specialized equipment and tools like torches, welding equipment, and power tools underwater.
Accidents can result from:
- Equipment malfunction: Defective breathing apparatus, rebreathers, or underwater tools.
- Decompression sickness (the bends): Caused by rapid ascent or improper decompression procedures.
- Nitrogen narcosis or oxygen toxicity: Resulting from improper gas mixtures or depths.
- Barotrauma: Injuries to body tissues caused by pressure changes.
- Welding burns or electrocution: From faulty underwater electrical equipment.
- Propeller cuts or collisions: With vessels or underwater structures.
- Exposure to marine life: Injuries from sharks, jellyfish, or other dangerous aquatic creatures.
- Hypothermia: Due to prolonged exposure to cold water.
- Lack of proper training or supervision: Leading to unsafe diving practices.
Injuries from Unsafe Vessel Conditions
Beyond employer negligence, the Jones Act also allows seamen to seek compensation if their injuries are caused by an "unseaworthy" vessel. The legal concept of unseaworthiness means the vessel, its equipment, or its crew were not reasonably fit for their intended purpose, creating an unsafe working environment. Examples of unseaworthy conditions include:
- Aging or poorly maintained vessels: Structural defects, rust, or general disrepair.
- Faulty or poorly maintained equipment: Defective winches, cranes, ladders, or safety gear.
- Unqualified or understaffed crew: Leading to insufficient manpower or inexperienced personnel.
- Lack of proper safety protocols: Absence of lockout/tagout procedures, confined space entry protocols, or emergency drills.
- Improperly secured cargo or equipment: Leading to shifting loads or falling objects.
- Unsanitary living or working conditions: Contributing to illness or disease.
Determining liability for an unseaworthy vessel often involves the vessel owner, your employer, or even a third party responsible for maintenance or equipment. A skilled Jones Act attorney is crucial in identifying all responsible parties to maximize your potential compensation.
Steps to Take After a Maritime Work Injury
If you've been injured while working on a vessel, it's critical to take immediate action to protect your rights:
- Seek Immediate Medical Attention: Your health is paramount. Get prompt medical care for your injuries and follow all doctor's recommendations. Documenting your injuries immediately is crucial for your claim.
- Report the Incident: Inform your supervisor or employer about the accident as soon as possible. Request a copy of any accident report filed.
- Do Not Sign Anything Without Legal Counsel: Do not sign any accident reports, waivers, or settlement agreements presented by your employer or their insurance company without first consulting with an experienced Jones Act attorney. They may try to minimize your claim or deny your rights.
- Gather Information: If possible and safe to do so, document the scene with photos or videos. Note names and contact information of witnesses.
- Contact an Experienced Jones Act Attorney: The complexities of maritime law require specialized knowledge. An attorney specializing in Jones Act claims can evaluate your case, explain your rights, and ensure you pursue the maximum compensation you deserve.
Contact an Experienced Jones Act Attorney
At Falcon Law Group, we have a deep understanding of federal maritime law and a proven track record of successfully representing injured seamen across the Gulf Coast. We are committed to:
- Providing personalized attention: Every case is unique, and we tailor our strategy to your specific circumstances.
- Aggressive advocacy: We will fight tirelessly against powerful maritime companies and their insurers.
- Maximizing your compensation: We leave no stone unturned in pursuing the full range of damages you are entitled to.
- Offering compassionate support: We understand the physical, emotional, and financial toll an injury can take, and we're here to support you every step of the way.
If you've been injured while working on navigable waters, don't delay. Contact Falcon Law Group today for a free consultation. Let us help you protect your rights and secure the compensation you need to rebuild your life.
