Houston Jones Act Lawyer

Seeking a Free Consultation with one of Texas’ Houston Jones Act Lawyers? Call the Houston Jones Act Lawyer Reshard Alexander today at 713.766.3322.

Reshard Alexander represents seamen throughout Texas since 2011.

Federal maritime law governs claims concerning injured seamen. The Jones Act gives an injured seaman the right to seek reimbursement when he’s negligently injured by his employer. Damages include compensation for past and future lost wages, compensation for lost earning capacity, compensation for pain and discomfort, and payment of compensation for past and future medical costs.

The Jones Act, 46 U.S.C. § 30104, was enacted into law in the USA in 1920. Seamen who are used on vessels in navigation are highly protected under Federal maritime law which provides that negligence is a cause of an injury if it contributes even in the slightest to the injury of a seaman. An employer owes a place to all his crewmen to work. The employer’s duties include the obligation to reasonably train their crewmen and also to institute proper procedures to protect a seaman from injury. Failure to maintain a boat or failure to comply with security regulations are actionable under the Jones Act. Few injuries at sea are not preventable if reasonable security measures are followed.

The U.S. Congress adopted the Merchant Marine Act in early June 1920, formerly 46 U.S.C. § 688 and codified on October 6, 2006 as 46 U.S.C. § 30104. The act formalized the rights of seamen. The Jones Act formalized the rights of seaman that have been recognized for centuries.

From the very beginning of American civilization, courts have protected seaman whom the courts have described as ‘unprotected and in need of counsel; because they are thoughtless and require indulgence; because they are credulous and complying; and are easily overreached. They are emphatically the wards of admiralty.’^[26]

The Jones Act allows injured sailors to make claims and obtain damages from their employers for the negligence of the ship owner, including many acts of the captain or fellow members of the crew.^[27] It operates simply by extending similar legislation already in place that allowed for recoveries by railroad workers and providing that this legislation also applies to sailors. Its operative provision is found at 46 U.S.C. § 30104, which provides:

Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply….

The law allows U.S. seamen to bring actions against ship owners based on claims of unseaworthiness or negligence, rights not afforded by common international maritime law.

The United States Supreme Court, in the case of Chandris, Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995), has set a benchmark for determining the status of any employee as a “Jones Act” seaman. Workers who spend less than 30 percent of their time in the service of a vessel on navigable waters are presumed not to be seaman under the Jones Act. The Court ruled that any worker who spends more than 30 percent of his time in the service of a vessel on navigable waters qualifies as a seaman under the act. Only maritime workers who qualify as a seaman can file a suit for damages under the Jones Act.

An action under the Jones Act may be brought either in a U.S. federal court or in a state court. The right to bring an action in state court is preserved by the “savings to suitors” clause, 28 U.S.C. § 1333.^[28] The seaman-plaintiff is entitled to a jury trial, a right which is not afforded in maritime law absent a statute authorizing it.

Seamen have three years from the time the accident occurred to file a lawsuit. Under the Jones Act, maritime law has a statute of limitations, of three years, meaning that seamen have three years from the time the injury occurred to file a lawsuit. If an injured seaman does not file a case within that three year period, the seaman’s claim may be dismissed as time-barred.^[29]

The Houston Jones Act Attorney Reshard Alexander knows how accidents occur aboard boats and they know how those injuries can be avoided. They understand you, your injuries, and how those injuries will impact you the remainder of your life. If you have any questions regarding your rights to compensation under the Jones Act, contact an experienced maritime attorney Reshard Alexander.

In addition to claims under the Jones Act, injured seamen are eligible for benefits under general maritime law including advantages for maintenance, treatment, and unearned wages. Vessel owners also owe seamen working aboard their vessels a duty to provide a seaworthy vessel. Compensation for accidents to Jones Act seamen can substantially exceed equal compensation under State worker’s compensation systems or the Longshore Harbor Workers Act. However, the Jones Act is an error based program; there can be no recovery for damages under the Jones Act unless the employer has been negligent.

YOUR RIGHTS UNDER THE JONES ACT – Houston Jones Act Lawyer

The Houston Jones Act lawyer Reshard Alexander represents Jones Act seamen, such as fishermen, tug and barge employees, pile drivers, ferry boat workers, masters, pilots, and spouses. The Jones Act provides coverage to all seamen that are more or less permanently connected to a vessel in navigation. For example, Jones Act seamen incorporate such employees as: crewmen on petroleum tankers, fishermen, tug and barge employees, pile drivers, and marine construction workers. Other examples of maritime workers covered by the Jones Act include card retailers on riverboat casinos, bartenders and hairdressers on cruise ships, and fish processors. In the event the marine employees’ efforts contribute to the assignment of the boat, they may be Jones Act seamen.