Standing/Causation
The Jones Act applies only to those workers who are "seamen" and are employed in the services of a "vessel." The definitions of each are broad; however, the courts have final say in the matter so it is important to speak with an experienced maritime attorney who is knowledgeable with these terms as they are used in the Jones Act. Without falling within both definitions, a worker may not bring a Jones Act claim or lawsuit.
The Jones Act allows "[a]ny seaman who shall suffer personal injury in the course of his employment to "maintain an action for damages at law, with the right of trial by jury?" Classification as a "seaman" is essential for a Jones Act claim or lawsuit to go forward, and having an experienced Texas offshore injury attorney will help ensure that you are classified as a seaman under the law. Over the years, courts have created a test to determine who or what is a seaman. The test is broken up into two parts: (1), "an employee's duties must contribute to the function of the vessel or to the accomplishment of its mission;" and (2), "a seaman must have a connection to a vessel in navigation (or to an identifiable group of such vessels) that is substantial in terms of both its duration and its nature."
The first prong of this fact-intensive test is a broad threshold inquiry. Typically, it is easily satisfied, and those workers, such as deckhands and roustabouts, who do the ship's work fall within the purview of the Jones Act. Indeed, "[a]ll who work at sea in the service of a ship" are potential seamen. It is neither necessary for the maritime worker to aid in navigation nor to participate in actual transportation of the vessel in order to satisfy the first prong."
The second or "substantial connection" prong of the test is often the determinative one. It consists of both temporal and functional elements, which is to say that the focus is on the substantiality of the connection to a vessel or identifiable group of vessels. The connection must be substantial in terms of both duration and nature. The Supreme Court in Chandris stated "[a] maritime worker who spends only a small fraction of his working time on board a vessel is fundamentally land-based and therefore not a member of the vessel's crew, regardless of what his duties are." The Court went on to state: "A worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act. This figure of course serves as no more than a guideline established by years of experience, and departure from it will certainly be justified in appropriate cases.... And where undisputed facts reveal that a maritime worker has a clearly inadequate temporal connection to vessels in navigation, the court may take the question from the jury by granting summary judgment or a directed verdict."
A "vessel" is the second requirement for a Jones Act claim or lawsuit to proceed. Under current maritime law, a "vessel" can best be described as any floating structure or ship such as a jack-up rig, barge, floating crane, motorized platform, recreational boat, etc. Vessels can be located in many different types of water, whether it be the Gulf of Mexico, or even Texas´ inland waterways. Fixed offshore platforms are not classified as "vessels" for the purposes of the Jones Act since by definition they are fixed and non-mobile. In either case, it is important that you have an experienced and knowledgeable Texas maritime injury attorney representing your valuable interests.
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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.
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