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Does Jones Act provide Relief for Injured Offshore Supply Boat Worker?

Our Gulf of Mexico supply boat injury attorneys note that how much time the worker spent on the vessel, rather than in land-based supply operations, determines whether the worker is considered aseaman under the Jones Act. If the worker isn’t covered by the Jones Act, he might be covered by the state workers’ compensation laws, the LHWCA (Longshore and Harbor Workers Compensation Act), the offshore and continental shelf workers’ compensation act, or the general maritime and admiralty laws that have governed the rights and responsibilities of seamen and their employers for centuries.

The LHWCA and the Jones Act, like state workers’ compensation laws, provide a “no fault” system to ensure prompt medical treatment and payment of financial relief to injured or sick maritime workers.

Worker has Foot Severed while working on Offshore Supply Boat off Louisiana

On Thursday afternoon, a U.S. Coast Guard helicopter was called in to rescue an offshore supply boat worker who had his foot severed when he became entangled in a line. The 27-year-old worker was injured on a vessel about 5 miles off the coast of Louisiana. He was taken to a Louisiana hospital where he was listed in stable condition. (Associated Press via kfoxtv.com, 1/10/14) Our thoughts and prayers are with the worker and his family.

Jones Act Definition of Seamen Generally Includes Crew of Offshore Supply Boats

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In order to be considered a Jones Act seaman, the injured worker must be regularly employed on a vessel in navigable waters in a job that contributes to the mission or functioning of that vessel. As the definitions of the terms “vessel,” “regular employment,” and “navigable waters” are vague or nonexistent in the Jones Act, there has been a lot of litigation over the past 90+ years regarding who is considered a seaman.

But in general, our Gulf of Mexico supply boat injury attorneys report that the crewmembers of supply boats and service vessels are considered seamen, as are cruise ship personnel, container, tanker, and cargo vessel crewmembers, tugboat and barge crew, and commercial fishermen and divers.

Seamen could be Entitled to Punitive Damages under the Jones Act if the Vessel is Unseaworthy

Unseaworthiness covers a variety of conditions aboard a vessel, including:

  • Unsafe equipment or a lack of safety equipment.
  • Slippery deck surfaces or unsafe ladders.
  • Defective machinery or equipment.
  • Flawed vessel design or unstable vessel structure.
  • Inadequate training of crew or employees.

A recent Fifth Circuit Court of Appeals ruling might actually make it easier for seamen injured off the coast of Louisiana to obtain punitive damages in a Jones Act claim. The Court ruled that punitive damages could be awarded where a vessel’s owner has shown a “willful and wanton breach of the general maritime law duty to provide a seaworthy vessel.” (McBride vs. Estis Well Serv., LLC, No. 12-30714) We reiterate that seaworthiness involves a great deal more than just patching the hull and making sure the vessel doesn’t sink.

Know Your Rights! Contact the Gulf of Mexico Supply Boat Injury Attorneys at Denena Points, PC

We provide a FREE and confidential initial legal consultation, without obligation, to discuss the specific facts of your case and evaluate your eligibility for a full financial recovery for the harm you’ve suffered. Call us at 713-807-9500 or just fill out our simple online contact form to schedule your free consultation.