Louisiana Offshore Workers / Seamen

The Louisiana Maritime Lawyers of Koederitz Law Firm, LLC do not represent large corporations, insurers, or other institutions, but instead seeks to protect the rights of consumers, workers, or others who have been wronged by large corporations or others.

Louisiana Maritime - Offshore Workers / Seamen FAQs

Special laws apply to people working aboard vessels and offshore floating drilling rigs. Unlike land-based employees, who can recover only workmans compensation, seamen are compensated under the Jones Act, a federal statute, that allows maritime workers to sue their employers for damages.

Question:
What is the "Jones Act"?

Answer:
The Jones Act is a law passed by Congress in 1920 that allows injured crewman aboard vessels to sue their employer for negligence or for dangerous conditions arising aboard the vessel. The law is designed to impose liability on a company to help make the workplace safe.

Question:
What kind of drilling rigs are covered by the Jones Act?

Answer:
The Jones Act provides coverage to all people who are employed aboard floating vessels. A fixed production platform is not a floating vessel and is therefore not covered. However, lay barges, jackups, semi-submersibles, and drill ships are all vessels for purposes of the Jones Act.

Question:
What is the difference between state workers compensation and the Jones Act?

Answer:
Under state workers compensation, a land-based worker is limited to weekly benefits in the event of an injury. The worker cannot recover from his employer any pain and suffering, lost wages, or other amounts. However, under the Jones Act, you are entitled to recover mental anguish, emotional distress, loss of enjoyment of life, pain and suffering, and lost wages. Furthermore, there is no limit to the amount of your recovery.

Question:
If I am injured, do I get weekly benefits to live on?

Answer:
The Jones Act provides that injured workers receive maintenance and cure. Unfortunately, maintenance and cure is only about $15.00 to $20.00 per day. You receive this only until you are at maximum medical improvement, as determined by a doctor. After this, even if you are still injured, you maintenance and cure is cut off.

Question:
Is there a limit on what I can recover in a Jones Act case?

Answer:
There is no statutory limit on your recovery. Jones Act cases are tried by juries or judges. The amount that you recover is primarily determined by the degree of fault or liability of the company and the severity of your injury.

Question:
Why are verdicts higher in Jones Act cases than in other cases?

Answer:
The laws providing for compensation to injured maritime workers is very liberal. Generally, people hurt on water recover more than land based employees.

Question:
What are the "damages" under the Jones Act?

Answer:
Generally, "damages" are the losses suffered by an employee who is injured, or by his family when he or she is killed. The following are typical of damages that are recoverable:

Medical Expenses - These include doctor and hospital bills, surgery costs, future medical costs and everything for your treatment;

Lost Wages - This includes all money that you lost because you could not return to work or earn the same;

Loss of Future Earning Capacity - This is an important aspect of your damages. This means you are compensated for what you could have earned had you never been injured. For example, if you now are a deckhand, but think you can be a tankerman, you can receive compensation at a tankermans rate of pay;

Pain and Suffering - These damages are called general damages and include the physical discomfort, mental anguish and emotional distress associated with being injured.

Question:
My spouse has died as a result of an accident. What can I recover?

Answer:
The deceased employees family or dependent relatives can recover the lost income they would have received had the employee not died from his injuries. Also, you can recover the mental anguish and pain and suffering suffered by the employee prior to his death. Finally, you can recover all related funeral and burial expenses.

Question:
What must I prove to be successful in a Jones Act case?

Answer:
You must prove that the company did something wrong. This can mean that someone was negligent, or that the company didnt do something that should have been done. In legal terms, the company is obligated to provide you with a reasonably safe place to work. Anything that makes the workplace unsafe will probably give rise to negligence.

Question:
What is "unseaworthiness"?

Answer:
"Unseaworthiness" is similar to Jones Act negligence, but different. Unseaworthiness means that there is a dangerous condition on the vessel, such as leaking hydraulic fluid from a pump, which renders the vessel itself unsafe. This is another way to recover.

Question:
Who must be negligent to be considered company negligence?

Answer:
Company negligence can be on the part of your co-employee, boss or any company employee.

Question:
What if I have been injured, but not in a specific accident?

Answer:
The Jones Act recognizes that physical injuries arise in many ways. Not all injuries result from a single accident. Some are "occupational diseases" such as: 1) Poisoning from contact with barges carrying chemical; 2) Hearing loss from failure to be provided hearing protection; 3) Lung disease from inhaling asbestos, dust or other particles; 4) Frostbite from working in extreme cold; and 5) Heart attacks from working in extreme heat or exertion.

Question:
What if I work some on land and some on boats?

Answer:
You will still probably be a seaman and covered by the Jones Act if you spend at least about 25% of your time working on boats.

Question:
What should I do if I have been injured?

Answer:
You should immediately report all accidents and injuries to your supervisor. Comply with company policies on accident reporting. Make sure an accident report form is completed.

Question:
Should I give a statement?

Answer:
The company will have an insurance adjuster contact you to take a statement. No matter how friendly this person may seem, his goal is to make sure that you do not recover. We caution our clients against giving statements.

Question:
Can I be fired or punished for suing under the Jones Act?

Answer:
No. The Jones Act provides that the company cannot retaliate against you for filing suit.

Question:
I have already been injured and the company wants me to sign papers to go back to work. What should I do?

Answer:
Most companies will try to settle with you quickly and inexpensively. We recommend that consult with an attorney prior to signing any settlement papers. If you are still under doctors care, you should never settle. Dont be fooled into thinking that you must settle in order to go back to work. Many people have settled quickly and have had lots of trouble later in life and had no ability to recover.

Question:
I have already signed a release, but I am still in pain. What should I do?

Answer:
The Jones Act recognizes that releases are sometimes obtained under improper circumstances. Therefore, the law provides that you can get out of a release under certain circumstances. You should not give up on your injury claim just because you have signed a release, as you may still have legal rights.

Question:
Where will my suit be brought?

Answer:
We always consult with our clients to determine the best place to file suit. Places to file include where the accident happened, where the boat travels, or where the company is located. Suit can be brought in either state or federal court.

Question:
Can I get a jury trial?

Answer:
Yes. The Jones Act provides the injured seaman with the right to trial by jury.

Question:
Do I need a lawyer?

Answer:
The Jones Act is complicated. We always recommend consultation with an attorney to discuss your legal rights so you can make an informed decision as to whether or not a lawyer is necessary.

Question:
If I hire a lawyer, will it prevent my case from being settled?

Answer:
No. Our experience is that most cases do settle out of court. Lawyers can better advise you on what you truly should recover. Further, lawyers, statistically, obtain higher settlements than individuals who are not represented.

Question:
Must you file suit in order to get a settlement?

Answer:
No. Many times cases are settled without lawsuits. Your attorney can consult and discuss your case with the company or its insurance representatives in an effort to resolve your case without the necessity of a lawsuit.

Question:
What role does a lawyer play in my Jones Act suit?

Answer:
If your case cant be settled, you will need a lawyer to file suit. The lawyer has experience in making sure that you do not settle for less than what you deserve.

Question:
How long will it take?

Answer:
This depends in large part on the severity of your injury. We try to resolve cases quickly after you are released by the doctor. There is no set amount of time. However, we work diligently to resolve your case as quickly as possible.

Question:
Will I be charged for a consultation?

Answer:
No. We do not charge for an initial consultation in these cases. We will come to your hospital room or to your home if you are unable to come to our office. You do not incur any obligation by making your first telephone call to us.

Question:
How do I get in touch with Koederitz Law Firm?

Answer:
The easiest way is by using the form on our Louisiana Injury Claims Contact Page. You can also call us locally at (225) 295-9494.

Meet Louisiana Maritime Lawyer Gary Koederitz