When an employee is injured offshore, the Jones Act may apply.
The Jones Act provides the injured seaman a right to bring an action against his employer for damages according to 46 United States Code Section 688.
A seaman is not defined under the act, but according to case law, the definition is two-part meaning: a) employee’s duties must contribute to function of vessel or to accomplishment of its mission b) seaman must have a connection to a vessel in navigation or to an identifiable group of such vessels that is substantial in terms of both its duration and its nature. A person may be defined as a “Seaman” if 1) he is permanently assigned to 2) a vessel or fleet of vessels 3) in navigation.
For a seaman to recover under the Jones Act, he must have been acting within the course and scope of his employment at the time of his alleged injury. Robair v. Penrod Drilling Corp., 98-0222 (La. App. 4 Cir. 10/7/98); 720 So.2d 130.
Filing suit under the Jones allows the employee/seaman to sue his employer as well as any responsible third parties, all in tort. The employee may sue for all of his damages, including pain and suffering, loss of past and future wages and all medical expenses associated with the accident.
An employer has a duty to exercise care by providing a reasonably safe work environment, supervising seaman about safety in the workplace and by providing adequate equipment. Milstead v. Diamond M. Offshore, Inc. 94-1582 (La. App. 3rd cir. 9/6/95).
Many personal injuries are the result of offshore and maritime accidents or collisions. Some examples of injuries that result from offshore accidents are cervical and lumbar sprains, herniated and ruptured discs, fractures, knee injuries, brain damage, and paralysis. Victims of offshore accidents may recover for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity.
The McKenna Firm handles personal injury claims. We handle cases throughout Louisiana, including Baton Rouge, New Orleans, Shreveport, Lafayette, Monroe, Alexandria, Hammond, Lake Charles and surrounding areas.
The attorneys at The McKenna Firm represent the victims of offshore and maritime accidents, not the insurance companies. If you have been involved in an offshore or maritime accident and suffered injuries, don’t be victimized again. Contact the attorneys at The McKenna Firm to help you receive compensation for the injuries you sustained from an offshore accident.