Jones Act Lawyer New Orleans, LA

The Jones Act, also known as the Merchant Marine Act of 1920, protects U.S. maritime workers if they’re injured on the job. It permits certain workers, including ship crews and seamen, longshore workers, and boat crews, to file a lawsuit against their employer for creating unsafe working conditions or general negligence, with the goal of securing compensation to cover their medical bills and other losses. If you were injured as a maritime worker working in U.S. navigable waters (including on both rivers like the Mississippi and offshore, in the Gulf), then you have the right to file suit. However, the legal process can be complicated, and employers and their insurance companies will likely fight back. You need the help of a skilled New Orleans, LA Jones Act Lawyer from Kiefer & Kiefer to guide you through the process and litigate on your behalf.

Your Rights Under The Jones Act

The Jones Act was developed by lawmakers who recognized the dangerous working conditions of offshore oil rigs, barges, and other vessels. Even with the best safety protocols and protective equipment, the chances of someone experiencing life-changing injuries is high. Help is usually miles away, with no guarantee it will arrive in time. The Jones Act protects the interests and rights of maritime workers operating at least three miles offshore, including both those on vessels and those in the oil and gas industry.

Even if you’re not specifically covered by The Jones Act, you may still be able to file a lawsuit for compensation after an injury. Those working in maritime-affiliated positions closer to or on land, like dock workers or longshoremen, may be covered under the Longshore and Harbor Workers’ Compensation Act. Determining the extent of compensation available to you and how much compensation you are eligible for can be tricky, though. Hiring a lawyer to help you may increase the possibility of a large settlement and the justice you deserve.

What Does A New Orleans Jones Act Lawyer Do?

A lawyer focused on helping injured maritime workers understand the difference between a Jones Act claim and other types of workers’ compensation claims. They can gather evidence proving negligence on the part of your employer and develop a strong case against them. Many Jones Act claims are settled out of court, in mediation. Your lawyer can represent you in negotiations, fighting for your interest and yours alone.

Unlike workers’ comp claims, Jones Act injury cases permit the injured worker to demand compensation for non-economic losses, like pain and suffering from their injuries and a loss of quality of life if they’re disabled or disfigured. Your lawyer can properly value the amount for non-economic compensation and fight for what you’re owed.

Do you need help getting compensation after a maritime job injury? Do you need to know what you’re entitled to under The Jones Act and if you’re covered? The legal team at Kiefer & Kiefer can help you, and you can learn more in a free consultation with a New Orleans LA, Jones Act Lawyer.

New Orleans Jones Act Lawyer

If you suffered injuries as a maritime worker, get in touch with a New Orleans, LA Jones Act lawyer. You may be entitled to compensation. Here are some frequently asked questions and answers about Jones Act lawyers.

1. What Is A Jones Act Lawyer?

A Jones Act Lawyer is a legal professional specializing in maritime law, specifically the Merchant Marine Act of 1920, commonly known as the Jones Act. This legislation pertains to the rights of maritime workers, particularly those injured while working on vessels, and Jones Act Lawyers are adept at handling cases related to these matters.

2. What Does The Jones Act Cover?

The Jones Act covers a broad spectrum of protections for maritime workers, including seamen, crew members, and offshore workers. It provides the right for these individuals to seek compensation if they suffer injuries or illnesses due to the negligence of their employers or unsafe working conditions.

3. When Should I Consult A Jones Act Lawyer?

If you are a maritime worker and have sustained injuries during the course of your employment, it is advisable to consult a Jones Act Lawyer promptly. Seeking legal advice early ensures that you understand your rights and can take appropriate actions to secure compensation for your injuries.

4. What Types Of Cases Do Jones Act Lawyers Handle?

Jones Act Lawyers handle a variety of cases involving maritime injuries, including accidents on ships, oil rigs, or other offshore structures. They also address cases related to unseaworthiness, negligence, or wrongful death that may occur during maritime employment.

5. How Can A Jones Act Lawyer Help Me?

A New Orleans Jones Act Lawyer can provide crucial assistance by evaluating the circumstances surrounding your maritime injury, determining liability, and pursuing legal action against responsible parties. They can help you obtain compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the injury.

6. Do I Qualify As A Jones Act Seaman?

To qualify as a Jones Act seaman, you must meet specific criteria, such as spending a significant amount of your time working on a vessel that is “in navigation.” Jones Act Lawyers can assess your situation to determine if you meet the qualifications to seek protection under the Jones Act.

7. What Damages Can I Recover Under The Jones Act?

Jones Act allows injured maritime workers to seek various damages, including medical expenses, rehabilitation costs, lost wages, pain and suffering, and other related expenses. Jones Act Lawyers work to build a strong case to maximize the compensation their clients can recover.

8. How Long Do I Have To File A Jones Act Claim?

It is essential to act promptly when considering filing a Jones Act claim. The statute of limitations for these claims can vary, and consulting with a Jones Act Lawyer as soon as possible ensures that you meet the necessary deadlines for filing your case.

A New Orleans Jones Act Lawyer specializes in maritime law, helping injured maritime workers navigate the legal complexities of the Jones Act to seek compensation for injuries suffered during the course of their employment. At Kiefer & Kiefer, we are here to help you.

10 Facts About Unseaworthiness Claims

At Kiefer & Kiefer, we understand the importance of unseaworthiness claims for maritime workers who have been injured due to unsafe conditions aboard vessels. Unseaworthiness claims are a crucial aspect of maritime law, providing injured seamen with legal recourse and compensation for injuries caused by unseaworthy conditions. Here, our New Orleans, LA Jones Act lawyer provides essential information about unseaworthiness claims to help maritime workers protect their rights and seek justice:

1. Definition Of Unseaworthiness: Unseaworthiness refers to the failure of a vessel or its equipment to meet the standards necessary for safe operation at sea. This can include issues such as defective equipment, inadequate crew training, lack of proper maintenance, or unsafe working conditions aboard the vessel. If there is any question to the validity and sturdiness of a vessel, it might be able to be considered unseaworthy.
2. Liability For Unseaworthiness: Under the Jones Act, vessel owners and operators have a legal duty to provide seamen with a seaworthy vessel and safe working conditions. If a vessel is unseaworthy and a seaman is injured as a result, the vessel owner may be held liable for the seaman’s injuries.
3. Scope Of Unseaworthiness Claims: Unseaworthiness claims can encompass a wide range of injuries and accidents, including slip and falls, equipment failures, fires, explosions, and other hazards encountered aboard vessels. These claims focus on the unseaworthy condition that led to the injury, rather than the negligence of the vessel owner or crew.
4. Comparing Unseaworthiness Claims To Negligence Claims: While negligence claims under the Jones Act require proof of fault or negligence on the part of the vessel owner or crew, unseaworthiness claims do not. Instead, unseaworthiness claims focus on the condition of the vessel itself and whether it was fit for its intended purpose at the time of the injury. An experienced lawyer can help determine which type of claim is best for your injury.
5. Types Of Unseaworthy Conditions: Unseaworthy conditions can take many forms, including defective equipment, inadequate safety measures, slippery decks, unsafe stairways, and lack of proper lighting. Any condition that renders the vessel unsafe for its intended use may give rise to an unseaworthiness claim.
6. Proving Unseaworthiness: To prevail in an unseaworthiness claim, the injured seaman must demonstrate that the unseaworthy condition existed at the time of the injury and that it directly caused or contributed to their injuries. This often requires gathering evidence such as witness statements, maintenance records, and expert testimony.
7. Damages In Unseaworthiness Claims: Injured seamen may be entitled to various damages in unseaworthiness claims, including medical expenses, lost wages, pain and suffering, and loss of earning capacity. Unlike negligence claims, punitive damages are not typically available in unseaworthiness claims. An attorney can walk you through what you qualify for with your specific case.
8. Statute Of Limitations For Unseaworthiness Claims: It’s essential for injured seamen to be aware of the statute of limitations for filing unseaworthiness claims. In general, unseaworthiness claims must be filed within three years of the date of the injury, although there may be exceptions depending on the circumstances.

Jones Act Infographic

Seeking Legal Representation

If you’ve been injured due to an unseaworthy condition aboard a vessel, it’s crucial to seek experienced legal representation from a Jones Act lawyer. We have a proven track record of success in handling unseaworthiness claims and advocating for the rights of injured maritime workers. If you or a loved one has been injured due to an unseaworthy condition aboard a vessel, don’t hesitate to contact Kiefer & Kiefer for a free consultation. Our experienced New Orleans Jones Act lawyers are here to help you understand your rights and pursue the compensation you deserve.

New Orleans Jones Act FAQs

Maritime work is known for its inherent risks, but your New Orleans, LA Jones Act lawyer can help you get the compensation you deserve. Kiefer & Kiefer was founded over 60 years ago to help our clients recover from their personal injuries. Now, it’s time to help you. Read to learn more about your case:

How Does The Jones Act Protect Seamen Injured On The Job?

The Jones Act is a federal statute that enables seamen who are injured in the course of their employment to pursue compensation from their employers. This law applies to injuries resulting from an employer’s negligence or a vessel’s unseaworthiness. Essentially, if an employer’s negligence can be shown to have contributed to the injury, a seaman can seek damages for losses incurred as a result.

What Types Of Compensation Can I Seek Under The Jones Act?

Under the Jones Act, seamen can seek various forms of compensation that cover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and the cost of future care related to the injury. Unlike some workers’ compensation claims, where benefits can be quite restrictive, the Jones Act allows for a broader range of damages, reflecting the potential severity and long-term impact of maritime injuries.

What Evidence Is Needed To Support A Claim Under The Jones Act?

To support a claim under the Jones Act, your New Orleans Jones Act lawyer will need comprehensive evidence to demonstrate both the extent of your injuries and your employer’s fault. This evidence typically includes medical records that document the injuries, testimonies from witnesses to the incident, expert opinions on industry standards and the employer’s adherence to these standards, and documentation of the vessel’s condition and maintenance records.

What Distinguishes A Jones Act Claim From Other Maritime Injury Claims?

Jones Act claims are specifically designed for “seamen,” a term that encompasses individuals whose work contributes to the function of a vessel or the accomplishment of its missions. Unlike the Longshore and Harbor Workers’ Compensation Act, which covers dock and harbor workers, the Jones Act requires a demonstration of employer negligence.

What Role Does Maintenance And Cure Play In A Jones Act Case?

Maintenance and cure are fundamental aspects of maritime law that require an employer to provide for an injured seaman’s basic living expenses (maintenance) and medical care (cure) until they have reached maximum medical improvement. This obligation is independent of fault and exists regardless of whether the injury was caused by negligence.

Partner With Kiefer & Kiefer For Your Maritime Injury Claims

If you are a maritime worker who has suffered an injury, it is important to explore all your legal options under the Jones Act. At Kiefer & Kiefer, our team is committed to providing you with the knowledgeable and empathetic legal representation you need to navigate your claim successfully. Contact us today to learn more about how we can help you secure the compensation you deserve for your injuries.

Let us put our experience to work for you. Reach out to our office, and see how a New Orleans Jones Act lawyer from Kiefer & Kiefer can help.