Our Maritime & Jones Act FAQ

You may be having a hard time finding the answers you need following a maritime accident and injury. We provide detailed answers to some of the most common questions we get in our maritime and Jones Act frequently asked questions.

  • Page 3
  • Can I Be Fired For Pursuing A Recovery For A Maritime Injury?

    Yes and No.  Most of the time, an employer will not specifically state that they are firing you because you are pursuing an injury claim.  If they do, they are most likely in violation of state and federal laws.  

    Instead, if you are in an “at-will” state like Louisiana, the employer may terminate you for being unable to come back to work.  Most of the time, an employer is not required to keep your job available to you.  

    However, in a Jones Act case, a seaman has the right to file suit against their employer to recover lost wages and future lost wages caused as a result of their injuries.  Also, a Jones Act employer is required to pay for the injured workers’ maintenance (daily living expenses) and cure (all the medical expenses required to get the injured worker to maximum medical improvement).  

    Beware!  We have seen many cases where an employer “took care” of an injured worker until the statute of limitations had passed for that worker to file a lawsuit.  Once the time period passed, the employee was terminated and time-barred from protecting their rights.   

    We know that filing a Jones Act claim is a big decision.  Let us help you make it.  We offer free confidential consultations so that you can better understand your rights.  

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • Do You Have To Give A Recorded Statement In Your Jones Act Case?

    No, you should not have to give a recorded statement to an insurance adjuster in order to receive benefits.  That’s because in a Jones Act case, your company (the Jones Act employer) owes the injured seaman a duty to provide them with maintenance (a daily rate for room and board) and cure (medical expenses), regardless of who was at fault for causing the accident.  

    If the insurance company calls and asks questions about how the accident occurred, they are trying to get information so that they can prepare a defense for any claims you may have in the future for other items of recovery, including disability and wage loss.

    Have You Been Injured On Your Louisiana Maritime Job?

    If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

  • What does maximum medical improvement mean in a Jones Act case?

    maximum-medical-improvement-jones-act-injuryThe Jones Act is intended to provide benefits for seamen who have been injured in offshore work-related accidents. However, benefits are not paid indefinitely. Your employer is only liable for your medical care until you have reached maximum medical improvement.

    Reaching Maximum Medical Improvement

    Maximum medical improvement (MMI) means that your condition has improved as much as it is expected to. This means that you are either fully recovered and able to return to work or stabilized but left with a permanent disability.

    Under the terms of the Jones Act, your employer is only obligated to pay for your medical care until you have reached MMI. In clear-cut injuries such as a broken arm, it is fairly obvious when MMI has occurred. However, in cases such as paralysis or a traumatic brain injury, there can be more of a dispute as to when you have reached MMI. You may wish to continue seeking additional treatment, but your employer may be pushing to declare that you have reached MMI so that the company is no longer obligated to pay benefits.

    When you have suffered a debilitating injury that will not allow you to return to work, you may want to receive Social Security disability payments or other government benefits once you are no longer covered for maintenance and cure benefits under the Jones Act. However, if your injury was the result of employer negligence, you may still be entitled to benefits for loss of future wages under maritime law.

    Protecting Your Right to Benefits

    It is never in your best interests to let your employer's doctor decide if you have reached MMI. Declaring you have reached MMI too soon will leave you without access to the maintenance and cure benefits necessary to pay for your medical expenses.

    Protect your right to compensation under the Jones Act by contacting an attorney with experience in this area of maritime law. Your attorney can work with you to ensure that you receive the benefits you may deserve.

    Contact us today at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!