As a maritime worker, you are outside the jurisdiction of state workers’ compensation laws, which means workers’ compensation is not provided for you when you are injured on the job. Fortunately, there are laws providing coverage for harbor workers, sailors, and seamen, including The Jones Act.
Under the Act, you can bring a negligence claim against your ship’s owners with assistance from a Cut Off maritime injury lawyer. At Scott Vicknair Injury Lawyers, we have a deep understanding of the Jones Act and have recovered over $100 million for injured seamen like you. Suffering a work injury can be difficult, but our team is here to help you seek fair compensation.
Who Qualifies Under the Jones Act
Before reaching out to a Cut Off personal injury lawyer, it can be helpful to find out if the Jones Act covers your type of work. The Jones Act covers people who are working on vessels in navigation. A vessel does not have to be moving to be in navigation; it just has to be actively operated. Anchored vessels are in navigation, as are oil rigs and other structures.
While the Act does not specify how much work time you must spend on the craft to be covered, courts have ruled that you must spend at least 30% of your work time on the vessel. Seamen also spend a substantial amount of time on board performing duties that contribute to the boat’s function, and because of this, cooks, stewards, and similar workers get Jones Act protections.
If you’re unsure whether you’re covered by the Jones Act, our maritime lawyers can help. The Cut Off Jones Act lawyers from our law firm can assess your work situation and determine if you spend 30% or more of your working time on the rig or other vessel. If you aren’t covered, we may recommend a different legal road to recovery.
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504-500-1111A Jones Act Attorney from Cut Off can Demonstrate Negligence
Similar to the personal injury claim process, our maritime attorneys must demonstrate negligence to get the compensation you need to cover medical bills for your work-related injury. Demonstrating negligence on the part of the vessel’s owner, crew, or officers is essential for recovery. Defective equipment, gear, boats, or rigs can also establish negligence.
Potential claims under the Act depend on the vessel owner’s duty to the employees. If the vessel was unsafe, you may be able to make one of two claims. The first claim is for unseaworthiness, meaning the ship was unsafe for living or working. To make this type of claim, your employer must be the vessel owner.
The second claim is failure to provide a safe place to work. To file this type of claim, your employer only has to control the vessel, not own it. A vessel can be seaworthy but also have unsafe conditions if the employer is using it for specific purposes.
A Jones Act attorney in Cut Off can explore many other types of negligence. Ships and rigs in navigable waters should be able to provide medical care after an accident or injury and an evacuation plan for injured employees, and failure to provide these can be considered an act of negligence.
Understanding the Duty of Care
When making negligence determinations, it is vital to keep in mind the standard of care. Maritime work is inherently dangerous and maritime employers must take extra steps to keep their employees safe, resulting in a higher standard of care.
That means that even though you’re aware of the enhanced risks that offshore work entails, it does not mean that you assume this risk, and it will not reduce the compensation your maritime injury attorney is able to recover for you.
Understanding the duty of care and negligence can be difficult, especially if you’ve never filed a Jones Act claim before. The good news is that the team at Scott Vicknair Injury Lawyers is here to offer guidance on your case. We’ll work hard to investigate the incident, gather the evidence we need to prove negligence and fight for the compensation you need to get back on your feet.
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504-500-1111No Fee Unless We Win
Our Jones Act attorneys in Cut Off understand that it can be difficult to get access to effective legal representation. That’s why we never charge upfront or out-of-pocket fees to the clients we work with. Instead, we work on a contingency fee basis. That means we’ll take a portion of the money you receive from a claim instead of charging you for our services.
In addition to offering contingency fee legal counsel and representation, we also offer free consultations. During a free consultation, you can speak with an attorney from our team, determine if you want to hire them and learn more about your rights as an injured worker.
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504-500-1111Speak to a Jones Act Attorney in Cut Off
A maritime accident can be devastating, leading to permanent injuries, total or partial disability, or even death. The Jones Act provides a way for seamen to recover financially from those injuries. Even when the Jones Act does not apply, other maritime laws may protect you or your family.
At Scott Vicknair Injury Lawyers, we have extensive experience and are committed to getting the compensation you need to afford medical care and get your life back on track. Contact us today to schedule a free consultation with a Cut Off Jones Act lawyer, get helpful legal advice, and get started on your maritime injury claim today.