.png)
A slick deck, faulty equipment, unsafe transfer, rushed crew, or poorly maintained vessel can cause serious injuries in seconds. Afterward, you may be worried about your paycheck, your medical treatment, and whether your employer or the vessel owner will take responsibility.
The Jones Act may give injured offshore workers important legal rights. Unlike regular workers’ compensation, the Jones Act can allow certain maritime workers to bring a claim against their employer when negligence played a role in the injury.
At Irpino, Avin & Hawkins in New Orleans, we help injured workers understand their options after serious maritime and offshore accidents.
What Is the Jones Act?
The Jones Act is a federal law that protects qualifying seamen who are injured in the course of their employment. It allows an injured seaman to pursue compensation when an employer’s negligence contributed to the accident.
That negligence may involve unsafe working conditions, lack of proper training, short staffing, defective equipment, failure to follow safety procedures, or pressure to keep working despite dangerous conditions.
In plain terms, the Jones Act gives certain offshore and maritime workers a way to hold employers accountable when unsafe decisions cause harm.
Who Qualifies as a Seaman Under the Jones Act?
Not every person who works near the water qualifies under the Jones Act. In general, a seaman is someone whose work contributes to the function or mission of a vessel and who has a substantial connection to a vessel, or an identifiable fleet of vessels, in navigation.
Courts often look at whether the worker spends a significant amount of work time connected to a vessel. The commonly referenced guideline is about 30% of work time, but every case depends on the facts.
Workers who may qualify can include crew members, deckhands, commercial fishermen, offshore vessel workers, tugboat workers, barge workers, and some workers assigned to offshore vessels in the Gulf Coast maritime industry.
How Does the Jones Act Protect Injured Offshore Workers?
A Jones Act claim may allow an injured seaman to seek compensation for medical expenses, lost wages, reduced future earning ability, pain and suffering, and other damages tied to the injury.
Injured seamen may also have rights to maintenance and cure. Maintenance helps cover basic living expenses while the worker recovers. Cure covers reasonable medical treatment related to the injury. These protections can apply even before a negligence claim is fully resolved.
How Is the Jones Act Different From Workers’ Compensation?
Traditional workers’ compensation generally does not require an injured worker to prove the employer was negligent. The Jones Act is different because the injured worker must show that employer negligence played a role in causing the injury.
However, the Jones Act may also allow broader recovery than standard workers’ compensation, including pain and suffering in appropriate cases. Because offshore injury claims often involve overlapping maritime laws, it is important to understand which law applies before accepting payments, signing documents, or giving statements.
What Are Common Causes of Offshore Injuries?
Offshore injuries can happen in many ways, including:
- Slips, trips, and falls on wet or unsafe surfaces
- Falls from heights
- Crane, winch, or equipment accidents
- Vessel collisions
- Unsafe crew transfers
- Fires or explosions
- Falling objects
- Lack of proper safety gear
- Inadequate training or supervision
- Poor vessel maintenance
These incidents can lead to broken bones, burns, back injuries, neck injuries, head trauma, spinal injuries, amputations, or long-term disability.
Why Legal Help Matters After an Offshore Injury
After an offshore accident, your employer or its insurer may begin investigating quickly. Their goal may not be the same as yours. Statements, incident reports, medical decisions, and early settlement offers can all affect your claim.
A New Orleans offshore injury lawyer can help determine whether the Jones Act applies, preserve evidence, review accident reports, identify negligent conduct, and pursue the compensation you may be owed.
Irpino, Avin & Hawkins is an independent New Orleans law firm, which means we answer to our clients. Our attorneys and staff work together to give injured people a voice, guide them through the legal process, and provide the personalized support they deserve.
Get a New Orleans Offshore Injury Lawyer on Your Side
If you were injured while working offshore, you do not have to sort through maritime law alone. Irpino, Avin & Hawkins helps injured workers and families throughout Louisiana understand their rights after serious offshore and maritime accidents.
Contact our New Orleans offshore injury lawyers today to discuss your injury, your work, and whether you may have a Jones Act claim.
.png)