Why the Jones Act Matters for Louisiana Seamen
Before 1920, maritime law gave injured seamen a measure of protection: shipowners had to pay “maintenance and cure” (daily living expenses and medical care) and guarantee a seaworthy vessel. But those remedies were limited—covering only basic costs and offering nothing for an employer’s negligence or a lifetime of lost wages.
The Jones Act changed the game. Passed in 1920, it gave seamen the power to sue their employers directly, demand a jury trial, and recover full tort damages for pain, suffering, and future earning capacity. In short, it turned modest seafaring protections into a powerful tool for holding companies accountable when their carelessness injures or kills the men and women who keep America’s maritime industry moving.
Any worker on a United States ship owned by a United States company can be entitled to Jones Act rights, as long as he or she technically qualifies as a “seaman.”
Compared to common maritime law, this act is much more specialized. To qualify as a “seaman” and obtain Jones Act rights, one must spend at least 30% of his or her working time on the ship. Many shipping occupations apply, and if you are unsure whether or not you or a loved one does, consult with one of our legal professionals today to know definitively. Finally, compensation under the Jones Act requires proof of fault by the employer or owner of the vessel. This means it is an employee's job to show that their employer is to blame for their accident.
Hiring a knowledgeable Louisiana maritime lawyer is your best option for ensuring that fault is properly proven in court.
What Is the Jones Act?
The Jones Act—formally the Merchant Marine Act of 1920—is a federal statute that governs cargo moved between U.S. ports and, crucially, protects American seamen injured at sea. When negligence or an unseaworthy vessel causes harm, the Act lets offshore workers sue their employers in federal or state court. If a maritime worker is killed, the law also allows the family to pursue wrongful death compensation.
Under the Jones Act, an injured seaman can seek damages for:
- Medical bills and future care
- Lost wages and loss of earning capacity
- Living expenses during recovery (maintenance)
- Pain, suffering, and disfigurement
- Mental anguish
Navigating admiralty law is no place for guesswork. A seasoned Baton Rouge Jones Act attorney from Arnold & Itkin can file your claim, preserve critical evidence, and fight for every dollar you’re owed. Our firm has recovered billions for maritime clients nationwide. Call for a free case review and learn your next step.
Maritime Worker Rights Under the Jones Act
The Jones Act empowers seamen to pursue full compensation when they’re hurt aboard a vessel because of negligence, unsafe conditions, or an unseaworthy ship. It doesn’t matter whether the fault lies with the owner, operator, or a fellow crew member—every seaman is entitled to a safe workplace and a clear path to recovery when that duty is breached.
Key rights under the Jones Act include:
- The right to a reasonably safe work environment
- The right to file a negligence claim after an onboard injury
- Guaranteed maintenance and cure until you reach maximum medical improvement
- Additional damages when a vessel is deemed unseaworthy
- Punitive damages in cases of willful or reckless misconduct
Handling a Jones Act claim while recovering from serious injuries is daunting. An experienced Baton Rouge Jones Act lawyer can protect your rights, explain the full range of benefits available, and steer your case through complex legal waters—so you can focus on healing and getting back to life.
Claims of Unseaworthiness Under the Jones Act
Under the Jones Act, shipowners are required to keep the vessel seaworthy (or free of preventable hazards) for employees. A vessel owner is not allowed to shift this obligation to anyone else. While there's no hard-and-fast definition of "unseaworthiness" under the law, there is a broad set of conditions that would qualify a ship as unseaworthy. If your ship's unseaworthiness caused your injuries, you can claim more compensation.
An offshore vessel may be considered unseaworthy due to the following:
- Understaffing: not enough crew members
- Improperly stowed cargo
- Lack of appropriate safety guards or rails
- Lack of fire suppression equipment
- Lack of proper elevators or hoists
- Lack of sufficient food
- Unsafe living conditions
- Untrained crew or captain
Holding shipowners accountable for unseaworthiness is crucial for maintaining the safety and well-being of maritime workers. A Jones Act claim not only seeks to compensate the injured but also acts as a deterrent against neglect in the maritime industry. Through rigorous legal action, protections for maritime employees can be strengthened, promoting safer environments for all seafarers.
We Help Offshore Workers After Maritime Disasters & Accidents
Louisiana tops the nation in maritime employment—leading in captains, mates, pilots, sailors, marine oilers, and ship engineers, according to U.S. Department of Labor data. With that distinction comes risk: offshore platforms, towing vessels, and blue‑water ships remain some of the most dangerous workplaces on earth. When a blowout, crane failure, or vessel collision turns your livelihood into a nightmare, Arnold & Itkin is ready to step in.
Our Baton Rouge maritime lawyers move fast to preserve evidence, secure maintenance and cure, and file Jones Act or OCSLA claims against every negligent party—owners, operators, and third‑party contractors alike. We hire industry experts, reconstruct accident scenes, and pressure insurers until they pay full value. If they refuse, we take them to court; our record‑setting verdicts and settlements prove we don’t back down. While you focus on recovery, we focus on getting you every dollar the law allows.
Accidents & Injuries Covered by the Jones Act
Seamen face heavy machinery, volatile cargo, and harsh weather, often hundreds of miles from the nearest hospital. The Jones Act lets injured crew members hold employers liable when negligence or an unseaworthy vessel causes harm.
Common Louisiana Jones Act claims involve:
- Deck Accidents: Slips on oily surfaces, unsecured hatches, or missing non‑skid coatings.
- Crane & Winch Failures: Catastrophic drops or snapped cables that amputate limbs or crush bones.
- Engine Room Fires & Explosions: Faulty fuel lines or lack of ventilation causing severe burns and smoke inhalation.
- Mooring & Line‑Handling Mishaps: Snap‑back injuries that cause spine injuries or sever fingers.
- Lifting & Cargo Operations: Overloaded gear or inadequate staffing resulting in herniated disks and torn ligaments.
- Collisions & Groundings: High‑impact events that inflict traumatic brain injuries, internal bleeding, or drowning.
Injuries covered range from concussions and orthopedic trauma to life‑altering conditions like paralysis, traumatic brain injury, and severe burns. Mitigating these risks is the vessel owner’s legal duty. If they fail, you have the right to pursue damages for medical care, lost wages, pain, suffering, and future earning capacity.
The Baton Rouge Jones Act attorneys at Arnold & Itkin have recovered billions for seamen and their families—helping them rebuild when employers put profits ahead of safety. If you’ve been hurt offshore, call us today for a free case review and the relentless representation you deserve.
Our Louisiana Jones Act Attorneys Have Recovered Billions for Clients
When maritime disasters strike and seamen are injured or lose their lives, our Jones Act firm stands ready to help. From representing one-third of the Deepwater Horizon crew to helping widows who lost their partners when the El Faro sank in Hurricane Joaquin, we have found answers and sought accountability in the most complex cases. Seamen and their families know they can turn to our Baton Rouge Jones Act lawyers for the level of legal counsel and caring support they need during the most challenging times of their lives.
If you work in the maritime industry in or near Louisiana and are considering utilizing the benefits provided by the Jones Act, call the Louisiana personal injury attorneys at Arnold & Itkin at (888) 493-1629. We are experienced in this area of law and have won billions of dollars for our clients. Arnold & Itkin wants to be the team to fight back against the large maritime companies and strive toward making the industry a safer place.
Call our Louisiana Jones Act lawyers today for help at (888) 493-1629. Your consultation is free, confidential, and will help you easily discover what your options are.
