I’m a commercial fisherman and my boat owner says I’m an independent contractor, not an employee. Am I covered by the Jones Act?
Possibly. Possibly. Courts look at the actual economic reality of the relationship, not just the label the boat owner uses, to determine whether a worker is a seaman employee under the Jones Act. If the owner controls when and how you work, provides the vessel and equipment, and directs your fishing operations, you may qualify as an employee regardless of what your agreement says. Many fishing boat owners misclassify crew as independent contractors specifically to avoid Jones Act liability. Call us for a free evaluation.
The vessel I was injured on was old and in bad condition. Does that help my case?
Yes. Unseaworthiness, the vessel owner’s absolute duty to provide a seaworthy vessel, is one of the most powerful theories of recovery in maritime law. Unlike the Jones Act negligence claim, unseaworthiness does not require proof that anyone was at fault. If the vessel’s condition, (worn equipment, corroded structures, leaking hull and defective gear) contributed to your injury, the vessel owner can be held absolutely liable. An old, poorly maintained fishing vessel is often the strongest unseaworthiness case available.
My captain told me the weather was fine and it wasn’t. Can I hold him responsible?
Yes. Under the Jones Act, your employer is responsible for the negligence of the vessel’s captain and any crewmember whose carelessness contributed to your injury. A captain who dismisses credible weather forecasts, continues operations in deteriorating conditions against the reasonable objection of crew, or fails to monitor weather broadcasts can be found negligent. The employer is liable for that negligence even if they weren’t personally present on the vessel.
I was fishing on a small bayou boat, not a Gulf vessel. Does maritime law still apply?
Yes. Maritime law covers all navigable waters in Louisiana — including the bays, bayous, and waterways of Terrebonne, Lafourche, St. Mary, Plaquemines, and other coastal parishes. The vessel doesn’t need to be a large offshore boat. Shrimp boats, oyster luggers, and crab boats operating on Louisiana’s inshore waters are vessels in navigation for purposes of maritime law.
I can’t afford to miss a season to deal with a lawsuit. How long does this take?
Many maritime injury cases settle without going to trial, and settlements can be reached faster than full litigation. However, a quick settlement offered by the vessel owner or their insurer immediately after an injury is almost always worth significantly less than the case’s full value. Before accepting any settlement, have George evaluate the offer. The consultation is free, takes little time, and could make an enormous difference in what you receive.
