Jones Act Overview

The Jones Act, 46 U.S.C. App. §688, is a law enacted by Congress that provides protections to persons who are members of the crew of a ship or vessel. The Act governs the liability of vessel operators, owners, and marine employers for the work-related injury or death of an employee, including injury or death by disease from prolonged exposure. The Jones Act applies to inland river workers as well as offshore workers so long as they spend at least thirty percent of their time in the service of navigation of a court-defined vessel. The Jones Act is a federal cause of action, meaning that the United States Congress intended for all seaman's injuries throughout the nation to be guided by the same liability standards of the Jones Act. It is of the utmost importance that you have an experienced Texas offshore injury attorney representing your interests in any maritime injury case.

Although the Jones Act protects seamen, it is not the same as workers' compensation. The two are essentially mutually exclusive, meaning if the worker is found to be a Jones Act seaman, the worker will be barred from bringing a state workers' compensation claim for the same injuries. The Jones Act also does not require payment regardless of fault. In order for a worker to recover under the Jones Act, a worker must prove some negligence or fault on part of the vessel's owners, operators, officers, and/or fellow employees or by reason of any defect in the vessel, its gear, tackle or equipment. The Jones Act provides an injured seaman a remedy against his or her employer from offshore injuries arising from negligent acts of the employer or co-workers during the course of employment on a ship or vessel. So long as a seaman suffers the injury in the course of a ship or vessel's services, a roustabout or deckhand can recover whether the injury occurred on land or at sea, thus allowing recovery for injuries sustained in the Gulf of Mexico, Texas? inland waterways, or even on an offshore rig. The employer must do something unreasonable or fail to perform a reasonable act that would have prevented injury in order for the seaman to win his claim. An injured worker's maritime claim under the Jones Act can also raise claims against a vessel's owners that a dangerous condition existed on the vessel that made the vessel unseaworthy.

There are also many situations in which other parties may have been negligent in causing your injuries other than your employer's own negligence or the unseaworthiness of the vessel. In those situations, a separate 3rd party lawsuit may be filed. This lawsuit may be filed with the Jones Act or independent of it.

CAUTION: The rules for determining what types of maritime law or cause of action would apply in a given situation are extremely complicated. The wrong tactic or incorrect claim can threaten your success in this matter. Call an experienced attorney if you have sustained a serious injury that threatens your ability to continue working or your ability to work without physical pain. Do not let a simple mistake ruin your chance for recovery. For Jones Act claims and lawsuits, experienced and knowledgeable attorneys are critical. While injuries can occur as a result of obvious negligence, in many cases an attorney will be unable to determine whether you can recover under the Jones Act. Even where negligence seems obvious to you, there may be other factors that would prevent you from recovering the amount you are rightfully due without the assistance of an experienced Texas maritime injury lawyer.

The Jones Act and Maritime and Offshore injury law information offered by Gordon & Elias, LLP and contained herein, regarding Texas Jones Act and Texas Maritime and Offshore injury statutes and Texas Jones Act and Gulf of Mexico or Texas inland waterway claimants' rights is general in scope. No attorney client relationship with our Texas Jones Act and Texas Maritime injury lawyers or Texas Offshore injury attorneys is hereby formed nor is the injury information herein intended as formal legal advice. Please contact a Texas Jones Act and Texas Maritime injury attorney or Texas Offshore injury lawyer regarding your specific inquiry.