Our Houston Offshore Injury Attorneys Help Protect Your Rights Under the Jones Act
The Jones Act may be a lifeline to fair compensation for individuals injured on the job in the vast maritime industry. This crucial law supports seamen and certain offshore workers, ensuring they receive proper medical care and financial security after an accident on the water. The Houston law firm of Terry & Thweatt, P.C. has extensive knowledge of the Jones and will help determine if your injury claims qualify you for its protection.
What Is the Jones Act? ![Offshore-oil-rig-and-ship]()
Also known as the Merchant Marine Act of 1920, the Jones Act is a federal law in the United States that provides legal recourse for seamen injured in the course of their employment. It extends the protections of the Federal Employers' Liability Act (FELA) to maritime workers. FELA holds employers liable for negligence that leads to employee injuries.
The Jones Act places a higher burden of proof on the employer than typical workers’ compensation actions. In a standard workers' comp case, an employee only needs to prove they were injured at work.
However, under the Jones Act, the employer must show it provided a reasonably safe workplace and didn’t contribute to the cause of the injury through negligence. This negligence standard covers a wide range of scenarios. For instance, if a seaman is injured due to a malfunctioning, improperly maintained winch on a ship, a Jones Act claim could come into play, as the vessel owner might be found to have failed to take proper care to protect workers’ safety.
Why Is the Jones Act Important?
This law plays a major role in safeguarding the well-being of maritime workers. The seafaring profession is inherently risky, with many potential hazards. The Jones Act discourages employers from cutting corners on safety and regulations by holding them accountable for negligence.
The Act also ensures injured seamen receive the proper care and resources they need to recover. Medical bills and other expenses after a serious maritime accident can be astronomical. The Jones Act guarantees seamen compensation for these costs. Doing so allows them to focus on getting better without facing financial ruin.
It also provides compensation for lost wages due to personal injury. Seafaring jobs often involve long stretches offshore, making it difficult for an injured seaman to earn a living for a significant time. The Jones Act ensures financial security during the recovery period.
Who’s Covered by the Jones Act?
To be considered a protected seaman under the Jones Act, an individual must spend significant time on a vessel—typically more than 30 percent on board a vessel while in navigation. This means they live, work, and eat aboard the vessel while it's in operation.
As a base of employment, the worker’s vessel must contribute to maritime commerce. Examples include:
- Cargo ships
- Tugboats
- Offshore drilling rigs
- Other vessels that play a role in transporting goods or people over water
Workers not covered by the Jones Act include:
- Longshoremen and harbor workers who load and unload cargo from vessels. They’re typically protected under the Longshore and Harbor Workers' Compensation Act.
- Individuals who work on fixed platforms not in navigation.
Why Hire a Houston Lawyer With Extensive Knowledge of the Jones Act?
Maritime law is complex, and filing an injury claim requires an inherent understanding of its distinctions and how they apply to your specific situation. Since 2008, Terry & Thweatt, P.C. Trial Lawyers have helped numerous clients successfully navigate legal battles to receive the justice and compensation they deserve.
Proving an employer's negligence under the Jones Act requires a thorough investigation to properly prepare your maritime claim. Our legal team starts by collecting and preserving necessary evidence such as:
- Accident reports
- Witness statements
- Medical records
We’re also skilled at identifying safety violations or failures on the part of the vessel owner that contributed to your injury.
Carriers often have large insurance company representation. These insurers may try to underpay your claim—or deny it altogether. Our experienced team knows how to anticipate these defenses and will fight for the maximum compensation you deserve. And, if need be, Joe Terry and Lee Thweatt have the maritime litigation experience to present your case effectively before a judge and jury.