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If you or a loved one has worked offshore, you know the dangers involved
with the job. No matter how hard you try to stay out of harms way, the environment
is always changing and accidents happen. When someone is injured offshore,
the Jones Act may apply to that injury. The Jones Act provides injured seaman
with the right to bring legal action against the employer for damages resulting
from his or her injuries on the vessel.
The application of the Jones Act statute can be complicated because a seaman
is not defined under the act. In previous cases, a seaman has been defined
as someone whose duties as an employee contribute to the overall functioning
of the vessel or to that vessels mission. A seaman must have a connection
to the vessel in navigation or to an identifiable group of such vessels
that is substantial in terms of both its duration and its nature. For a
seaman to recover compensatory damages under the Jones Act statute, he or
she must have been acting within the course and scope of his job description
at the time of the injury.
The employer has the responsibility of providing a reasonably safe work
space and must provide safety and equipment training to minimize the risk
of injuries occurring on the vessel. Often times, injuries occurring offshore
are the result of collisions. Back sprains, herniated and ruptured discs,
fractures, knee injuries, brain damage, and paralysis are just some of the
injuries that can result from these types of accidents. Victims of offshore
accidents may be entitled to compensation for economic injury including
hospital bills and loss of income as well as emotional injuries including
emotional distress.
If you feel that you or a loved one is entitled to compensation under the Jones Act for an offshore injury, contact attorney Morris Bart today.
Qualifying Under the Jones Act
As mentioned earlier, a key element to qualifying for a Jones Act case is that the plaintiff must be classified as a seamen. To see if you qualify, review the list below.
- The vessel the seaman is on must have been in navigation at the time of the injury (on the water- not at port)
- There must be a relatively permanent connection between you and either a single vessel, or a group of vessels under common ownership
- The injured seaman must have been aboard the vessel primarily to perform duties outlined under his employment and those duties must have contributed to a primary function of the vessel or the accomplishment of a mission
A key fact is that the court does not evaluate the worker's connection to a vessel or a fleet at just the moment of injury, but instead evaluates a seaman's relationship to a vessel or a fleet as if that seaman were to have completed the mission uninjured.
Typically, people who are employed on freighters, tugboats and towboats, crew boats, tankers, jack-up rigs, semi-submersibles, supply boats, lay barges, barges, fishing boats, and crew boats who are members of the crew are considered to be seamen under the Jones Act. Those who work on fixed platforms and longshoremen are not classified as seamen under the Jones Act and do not qualify for Jones Act protection.
Use our online form for a free evaluation of your case and find out if you may be entitled to a large cash settlement. There is no cost and no obligation. Let Morris Bart get you the money you deserve. Submit your case evaluation today.
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