Maritime Law & Jones Act Cases in Mobile, AL

If you work offshore, you work in a dangerous environment.  Unfortunately, sometimes these dangers can injure or kill offshore workers.

We at Hedge Copeland Law Firm have over 30 years of experience representing offshore workers against some of the largest industries in the world – Exxon, BP, Halliburton, and others.  In fact, the bigger the company, the more aggressive we have to be in representing our clients.

Maritime and Jones Act Cases are not limited to those who work in the Gulf of Mexico.  To the contrary, if a person is injured on a commercial fishing boat, in State waters (including the Rivers) then General Admiralty and Maritime law applies.  In fact, even if you are injured on a recreational boat, such as while fishing or tubing – Maritime law applies.  For this reason, you need to hire an experienced Law Firm if you or a loved one is injured while on the Water.

Regulations pertaining to maritime law are made up of a complicated mix of federal, state, and international laws.  Many people aren’t aware that their claims are governed by admiralty and maritime law or that there are time limits to protect your rights to recovery.

At Hedge Copeland, PC, our experienced workplace injury attorneys have decades of experience representing injured workers and their families throughout the Mobile area. We can help you navigate this complex process and will fight for the benefits and compensation you need and deserve. Contact our office today to schedule a free consultation.

What is the Jones Act?

Formerly known as the Merchant Marine Act of 1920, the Jones Act provides admiralty law protection to individuals that works as a seaman and suffers an illness or injury due to negligence or unseaworthiness aboard a vessel in navigable waters.

The Jones Act is a federal statute that was created to boost the growth of the merchant marine sector in America. It was also enacted to provide protections for workers that are injured in the maritime industry, ensuring the payment of timely and appropriate compensation.

Jones Act claims are often compared to workers’ compensation, but the benefits are much broader and more generous under a Jones Act case. With a workers’ compensation case, you may be eligible for medical care and a portion of lost wages. But a Jones Act settlement includes compensation for:

• Medical care
• Cost of living during recovery
• Lost wages and loss of future earning capacity
• Pain and suffering
• Mental anguish

Your Rights Under the Jones Act

If your job involves working on a vessel at sea, in a river system, on an offshore rig, or along the Gulf Coast, you may not be entitled to workers’ compensation but instead by maritime law or the Jones Act.  Some of the jobs often covered by the Jones Act include:

• Captains and crew members
• Seamen, mates, engineers, and deckhands
• Barge workers and tankermen
• Roughnecks, drillers, roustabouts, derrickmen, mud engineers, offshore installation managers, deck engineers
• Galleyhands, cooks, and other supporting jobs

According to the Jones Act, a vessel owner has a duty to maintain a safe operation and vessel, including the equipment that is used by the crew. As a seaman, your rights under the Jones Act include:

• The right to a reasonably safe work environment.
• The right to file a claim if injured due to negligence.
• The right to maintenance and cure compensation related to a covered injury or illness.
• The right to additional compensation if the vessel is found to be unseaworthy.
• The right to punitive damages if payment of maintenance and cure is wrongfully refused by an employer.

Jones Act Claims are Fault-Based

The Jones Act is much different from workers’ compensation in that it is fault-based. In other words, it gives an injured party the right to sue their employer to recover damages if the employer was reckless or negligent. If you decide to sue your employer for these benefits, you must be able to prove your case.

Fortunately, there is a strong burden on employers to provide a safe vessel and safe working conditions at sea. If an employee can show that certain unsafe conditions existed and caused their injury or illness, this can help prove their case. Some examples include:

• Oil or grease on the deck
• Unsafe work methods
• Improperly maintained equipment
• Failure to provide safety equipment
• Improper training of crew
• Negligence of co-workers

The Jones Act also contains clauses that are meant to protect seamen from being involved in serious accidents offshore. If you can show that the vessel was unseaworthy, you may be entitled to additional compensation. Some examples of items that can contribute to this finding include:

• Unsafe living areas
• Lack of appropriate safety railing
• Lack of fire suppression equipment
• Lack of hoists or proper elevators
• Improperly stowed cargo

What Happens When You File a Claim Under the Jones Act?

If you’ve been injured and believe that you have a case under the Jones Act, your first step is to report your injury or illness to your captain or supervisor. The company will ask you to complete an accident report, and you are entitled to immediate medical care.

One thing you should avoid doing is admitting fault, agreeing to a recorded interview, or signing any release forms before you’ve discussed your case with a lawyer that specializes in maritime law. The Jones Act and federal maritime law are extremely complex. Only a handful of lawyers across the country handle these cases with success, so you should use caution when deciding who to trust with your case.

Some cases can be settled out of court after you have medically stabilized. But you may need to take your employer to court to get the best possible financial result for you and your family. A Jones Act case can be filed in either federal or state court but must be filed within three years of the date of injury. If you miss this deadline, you’ll also lose your opportunity to recover. We recommend getting your case into experienced hands as quickly as possible.

Speak with a Qualified Maritime Law and Jones Act Attorney

If you or a loved one has been injured while offshore, it’s vital that you have an attorney on your side that is well-versed in these types of cases. At Hedge Copeland, PC, our qualified workplace injury attorneys understand the importance of these claims. We have gone the distance for our clients to obtain the most favorable outcome possible and are ready to do the same for you.

Contact our Mobile office today at 251-432-8844 to schedule your free consultation. We will thoroughly review your case and give you our preliminary thoughts. You never pay us a fee upfront and won’t pay anything unless and until we recover on your behalf. Call us today.