Jones Act & Offshore Injury Claims
Most people who work offshore are covered by the Jones Act, a special set of Federal laws specifically enacted to protect the rights of individuals who work on the waters.
As these laws are Federal laws, they are much different from the laws that govern State law based workers compensation and personal injury claims.
If you have been injured offshore, you need a law firm that knows these laws.
The lawyers at Simon & O’Rourke, PC have over 25 years of experience handling offshore cases. We know all the details of these specialized laws and can work to best protect you and your family.
Why Are Your Employers Concerned About the Jones Act?
The Jones Act covers many things and offers many different benefits. The most significant benefit is the ability of a Jones Act Seaman to bring a lawsuit against his Jones Act employer.
Texas and all other States have Workers Compensation laws that likely bar an injured employee from suing his employer for its negligence. An employee at a refinery that suffers a back injury when the stairs he was walking on breaks, is likely limited to workers compensation benefits until he is put on disability, while a Jones Act Seaman who was injured when stairs on a vessel that he was working on collapsed, may possibly be able to being a claim directly against his Jones Act Employer for all the damages he suffered including, but not limited to, medical bills, lost wages, impaired future earning capacity, pain and suffering.
Are You Covered by the Jones Act?
The Jones Act caSeaman Offshore Injury Simon & O’Rourke cover workers who perform jobs on oil rigs, boats, ships, dredges, lift boats, jack up rigs and platforms.
In order to determine if you are covered by the Jones Act, you need to establish that you are a seaman. As Congress did not define what a Seaman was under the Jones Act, an injured worker needs to establish that he is a Seaman by certain tests. Unfortunately, many companies have tried to avoid liability under the Jones Act by arguing that an injured worker was not a Seaman.
The lawyers at Simon & O’Rourke, PC have find themselves regularly fighting to establish that our clients are Jones Act Seamen. Unfortunately, it is not unusual for an injured person who had been trying to handle their claim on their own to find out that they were Jones Act Seaman only after they call our offices.
If a person injured offshore does not hire a lawyer that is familiar with the relevant case law regarding establishing seaman status, he or she could possibly loose his or her ability to obtain the benefits that he or she is legally entitled to.
If you were injured offshore, immediately call Simon & O’Rourke, PC and we will assist you in proving your Jones Act Seaman Status.