How the Jones Act Protects Louisiana Seamen

January 2, 2025 @ 2:21 pm

Most workers in the United States can rely on workers’ compensation to cover their medical bills and lost wages if they are injured on the job. However, for seamen, this safety net does not apply. Seamen face unique risks on the water—from hazardous working conditions to the inherent dangers of the sea. 

To address this gap and ensure that seamen have protections, Congress enacted the Jones Act. This vital legislation gives seamen legal avenues to seek compensation when they are injured due to negligence. For Louisiana seamen—individuals who work in one of the nation’s busiest maritime regions—the Jones Act is an essential safeguard for their rights and livelihoods.

What Is the Jones Act?

The Jones Act is officially known as the Merchant Marine Act of 1920. It is a federal law designed to regulate maritime commerce in the United States and provide legal protections to seamen. It governs several aspects of the maritime industry, including shipping regulations and the rights of workers employed aboard vessels.

From a worker’s perspective, the Jones Act is most notable for granting injured seamen the right to file lawsuits against their employers for negligence. Unlike land-based workers who are typically limited to state-based workers’ compensation claims, seamen can seek damages under federal law for medical expenses, lost wages, pain and suffering, and other losses if they can prove that their injuries were caused by the negligence of their employer or the unseaworthiness of their vessel.

The Jones Act’s focus on seamen in particular reflects their unique status as maritime workers who face distinct risks and challenges—from rough seas to complex machinery—often far from immediate medical assistance.

How the Jones Act Works for Seamen in Louisiana

Defining Seaman 

Under the Jones Act, a seaman is defined as a maritime worker who spends a significant portion of their employment—generally at least 30%—aboard a vessel in navigable waters. This can include crew members, deckhands, engineers, captains and others who contribute to the mission or function of a vessel. One important criterion for the Jones Act is that the vessel must be operational and capable of navigation—whether on rivers, lakes or the open sea.

Louisiana’s Maritime Environment 

Louisiana’s coastal geography and extensive inland waterways make it a hub for maritime activity. Industries like offshore oil and gas, fishing, shipping and riverboat operations employ thousands of seamen in the state. These workers often face hazardous conditions.

For seamen working out of Louisiana, the Jones Act provides essential protections. Whether they are injured on a tugboat navigating the Mississippi River or on an offshore rig supply vessel in the Gulf of Mexico, seamen are entitled to seek remedy under the Jones Act in Louisiana. Even those who occasionally work beyond state waters can still benefit from the Jones Act as its protections extend to all U.S. navigable waters and beyond provided the vessel has a connection to U.S. commerce.

How a Maritime Lawyer Can Help Louisiana Seamen Under the Jones Act

While the Jones Act offers powerful protections, navigating its legal details often requires the assistance of an experienced maritime lawyer.

Determining Eligibility

Establishing whether a worker qualifies as a seaman is a cornerstone of being able to make a claim under the Jones Act. The legal standard generally requires that at least 30% of the worker’s time be spent in service of a vessel or vessels under common ownership or control. In addition, the seaman must contribute to the function of the vessel or its mission.

Not every watercraft qualifies as a vessel under the act, however. The vessel must be in navigation, which means it is afloat, capable of moving and engaged in a navigable waterway. For example, certain stationary platforms, floating docks or non-navigable structures may not meet the definition. Likewise, if a vessel is out of service or undergoing significant repairs, it could affect eligibility.

Plus, if the worker serves on multiple vessels, an attorney will look at whether these vessels are part of a fleet under common ownership or control to ensure the worker still qualifies as a seaman. Working on various unrelated vessels could prevent a worker from qualifying under the Jones Act. In those cases, a worker may have to pursue legal remedies under general maritime law, for example.

Proving Negligence or Unseaworthiness 

To succeed in a Jones Act claim, the injured seaman must prove that their employer’s negligence or the vessel’s unseaworthiness contributed to their injury. These are two separate legal concepts.

• Negligence involves an employer’s failure to provide a reasonable standard of care that results in harm. Employers have a legal obligation to provide a safe working environment for seamen. This includes providing proper training, ensuring that equipment is safe and in working order, and maintaining the vessel in a safe condition. Common breaches of duty where an employer failed to meet their duty of care include failing to repair equipment, not providing adequate safety gear or training, and allowing or promoting unsafe work practices.
• Unseaworthiness focuses on the vessel’s condition rather than the employer’s actions. A seaman can bring an unseaworthiness claim against a vessel’s owner—who may or may not be their employer—if the vessel or its equipment is not reasonably fit for its intended purpose. Elements that may prove unseaworthiness may include slippery decks lacking nonskid surfaces, broken or defective equipment, and inadequate crew training or understaffing.

A key difference between claims of negligence versus unseaworthiness is in proving causation. For negligence, the worker must be able to show at least a slight role in the negligence causing the injury. 

For unseaworthiness, the worker must be able to show that the unsafe condition directly caused the injury. Unlike negligence claims, there is no need to prove the vessel owner was aware of the issue as liability for unseaworthiness is strict.

Handling Employer Pushback

Employers and their insurance companies may attempt to downplay injuries, deny or reduce liability, minimize financial responsibility or avoid the claim altogether through the nuances of the Jones Act. Employers may dispute the seaman’s status, arguing that the worker doesn’t spend enough time on a vessel or isn’t contributing to the vessel’s mission. They may argue that an injury was the result of the seaman’s own actions and allege that the worker was at fault due to his or her own negligence or failure to follow safety protocols.

An attorney familiar with maritime law will work to combat all of these issues, including ensuring that a claim is handled within the appropriate venue and jurisdiction.

Maximizing Compensation

While the law provides significant protections for injured seamen, the process of actually securing the highest possible compensation involves navigating some very real obstacles like employer pushback, proof of negligence or unseaworthiness, and the identification and assessment of damages. If a claim fails to establish a clear link between a worker’s injuries and employer negligence or vessel unseaworthiness or if a worker is found to be partially at fault, it can significantly reduce the compensation they’re entitled to. Even a small percentage of fault can reduce the damages awarded.

Calculating the full extent of damages can also be difficult. Strong medical evidence and expert testimony are often necessary to establish the full extent of damages resulting from an injury. This is especially true if the worker has pre-existing health conditions that may arguably be exacerbating the injury.

Meeting Deadlines and Legal Technicalities

Under the Jones Act, the statute of limitations for filing a claim is generally three years from the date of the injury or from the time that the seaman knew that the injury was related to their work. If a claim is filed after the statute of limitations has passed, the seaman may lose their right to compensation.

Timing is also crucial for preserving evidence. The longer a case is delayed, the harder gathering evidence to support the claim can become. As time passes, evidence like maintenance records, witness testimonies and documentation of physical conditions on the vessel may become harder to obtain. Employers or vessel owners may even attempt to destroy or alter evidence.

In addition, mistakes and technicalities can cause delays that can impact a claim. A seaman’s claim must be filed in the correct court. While maritime cases are often heard in a federal court, jurisdictional challenges can arise due to the location of the injury or the employer’s status. Ensuring that a lawsuit names the correct parties and meets all legal requirements in identifying them is another critical technicality. 

In some cases, a seaman may have a claim under both the Jones Act and general maritime law. Failing to invoke both claims and understand how they interact can not only complicate the claim but also potentially reduce the damages available. Even improperly submitted documentation like medical evaluations, work records or descriptions of a seaman’s duties can delay a claim or lead to lower compensation.

Get Maritime Guidance with Morrow, Morrow, Ryan, Bassett and Haik 

Jones Act claims can be overwhelming. Having an experienced maritime attorney by your side can make all the difference. At Morrow, Morrow, Ryan, Bassett and Haik, we understand the challenges that seamen face in Louisiana and abroad. 
If you or someone you care about has been injured while working at sea, don’t wait to get your case started. Schedule your free consultation with Morrow, Morrow, Ryan, Bassett and Haik, and let us fight for the best possible outcome right now.

Sources:

https://landgravegarcia.com/blog/louisiana-jones-act-navigating-maritime-accident-claims/
https://www.charbonnetlawfirm.com/personal-injury-attorney/offshore-worker-jones-act-louisiana/
https://www.nolo.com/legal-encyclopedia/who-qualifies-seaman-under-the-jones-act.html
https://www.law.cornell.edu/wex/jones_act
https://www.maritimeinjuryguide.org/jones-act/who-qualifies-under-jones-act/
https://www.maritimeinjuryguide.org/jones-act/statute-limitations/
https://www.maritimeinjuryguide.org/jones-act/jones-act-lawyer/