We can help you get compensated for your injury.
If you work offshore or on a vessel it is important that you understand your rights under the Jones Act, general maritime law and the laws of maintenance and cure. Brock & Stout is proud to have represented injured offshore maritime workers for many years. We have successfully recovered large settlements for our offshore clients and we can help you with any maritime injury-related questions you may have.
As an offshore maritime worker you may have significant rights under both the Jones Act as well as maritime law. Additionally, if you were injured while working offshore on an oil rig or a vessel your employer may owe you maintenance and cure during the period of your injury. Our office can discuss your rights with you under the Jones Act, maritime law as well as maintenance and cure laws. Don't let your company take advantage of you simply because you do not know all of your rights. The Jones Act and maritime law can be very complicated. Your company knows its rights under the law and you should too. Call us immediately for a confidential discussion regarding your rights, choices and options under the Jones Act and maritime law. You can also get more information from our links below.
The Jones Act
What Is the Jones Act?
The Jones Act is a federal statute which protects "seamen". The Jones Act allows a seaman to file a direct lawsuit against his employer for any negligence in causing or contributing to the seaman's injury. If you are a seaman, and you suffer an injury or accident while working offshore or on a vessel, the Jones Act may allow you to recover significant money from your employer.
Who Does the Jones Act Apply to?
The Jones Act applies to any individual who is meets the legal definition of a "seaman". Under the Jones Act a seaman is defined as an individual (1) who is more or less permanently assigned to (2) a vessel or fleet of vessels which are (3) owned or operated by your employer or a common entity. The 'permanent assignment' requirement has been interpreted as requiring only that you spent at least 30 percent or more of your time working aboard a vessel or a fleet of vessels. The definition of a 'vessel' is very broad and includes offshore oil rigs, barges, jack-up boats as well as all traditional-type vessels. The 'common ownership' requirement does not necessarily mean that your company actually owns the vessel or fleet of vessels to which you are assigned. As long as you can prove that there is some type of common ownership or control over the vessel or fleet of vessels to which you are assigned, you may be able to satisfy this requirement of the Jones Act.
What Benefits Does the Jones Act Give to You?
The Jones Act provides very significant protection for injured offshore workers. The Jones Act allows you to file a lawsuit directly against your company for any and all damages that you may suffer as a result of an injury while working offshore. While you do have to prove that your company or one of your co-employees was at fault in causing or contributing to your injury, the negligence standard under the Jones Act is very light. The Jones Act requires that your employer give you "a safe place to work", properly train you as well as all of your co-employees and provide you with proper equipment and safety protection to perform your work. If your company fails in any of these obligations, you may have a very good suit against your company under the Jones Act.
One of the most important benefits of the Jones Act is that it allows you to recover any and all of your damages that you have suffered due to your injury. This includes full loss of past and future wages, full loss of fringe benefits, pain and suffering both past and future, medical expenses both past and future as well as any other damages you can prove from your injury. These rights are a tremendous benefit to you which are very different than regular workers' compensation laws which typically limit the employee to collecting only a percentage of their income for a very short period of time in addition to medical expenses. Many Jones Act cases can easily result in settlements of several hundred thousand dollars if the employee is no longer able to return to maritime work.
Maritime Law
What Is Maritime Law?
Maritime law is a general body of law which has come about through cases issued by various courts. It is what attorneys call "case law". Maritime law allows individuals injured on navigable waterways to file suits directly against any and all responsible parties for such injuries.
Who Does Maritime Law Apply to?
Maritime law applies to any individual who suffers an injury or accident while on navigable waterways. While the Gulf of Mexico as well as traditional rivers and lakes fall under maritime law, many smaller waterways are also covered by maritime law. Whereas injuries and accidents which happen on land fall under state laws, injuries and accidents occurring on the water typically fall under maritime law.
What Benefits Does Maritime Law Give to You?
Under maritime law you may file a suit against any responsible party for your accident or injury. The legal standard that you must prove is simply that the individual or company caused or contributed in whole or in part to your injury. If you are a Jones act seaman and a third party company causes or contributes to your injury, you typically file suit under maritime law against this third party to collect your damages.
If you are a Jones Act seaman, you can also file a claim for unseaworthiness of the vessel to which you were assigned at the time of your accident and injury. Maritime law requires that a vessel owner provide you with a "seaworthy" vessel. If a vessel owner fails to provide such a seaworthy vessel, you may file suit. To prevail on an unseaworthiness claim you must simply show that the vessel was not "reasonably fit" for its intended purpose. Very often malfunctioning or broken equipment can give rise to an unseaworthiness claim. If any equipment aboard the vessel or any part of the vessel failed or was not properly maintained which caused or contributed to your accident and injury, you may have an unseaworthiness claim against the vessel owner.
Maintenance & Cure Law
What Is Maintenance and Cure?
Maintenance and cure is a maritime law obligation that your Jones Act employer has to you if you are an injured seaman. Maintenance is a monthly amount of money sufficient for you to pay your bills while you are recovering from your injury. Cure is defined as reasonable and necessary medical treatment while you are recovering from your injury.
Who Does Maintenance and Cure Law Apply to?
Maintenance and cure law applies to any injured seaman. It is said to arise out of the contract of employment you have with your company. The seaman can file suit against their employer seeking maintenance and cure benefits if the seaman suffers an injury while in the service of the vessel. Maintenance and cure law does not require that the injury was due to any fault on the part of your employer. You will prevail on your maintenance and cure claim by proving simply that your injury happened while you were in the service of the vessel. There is no requirement that you prove that your company was at fault in regard to your injury. [If you do prove fault on the part of your company, you then may qualify for significant additional damages under the Jones Act].
What Benefits Do You Get from Maintenance and Cure Laws?
Maintenance is defined as the amount of money necessary to keep you in the same lifestyle you enjoyed on the vessel while you recover from your injury. Typically this includes money sufficient to pay your rent, food bills and other monthly expenses on land. Unfortunately many companies only pay a flat rate of $15.00 to $20.00 a day. We believe this is illegal and we always make this illegal action a part of any claim we file for injured seamen. We highly recommend that you send your company a written out list of your monthly expenses thereby putting them on notice as to how much money you need each month while you are injured.
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