What is the difference between the Jones Act and regular workers’ compensation?
Workers’ compensation is a state-law no-fault system that pays a percentage of wages and medical expenses but bars lawsuits against employers and does not compensate for pain and suffering. The Jones Act allows full tort recovery — including pain and suffering, mental anguish, and lifetime lost earning capacity — and it allows you to sue your employer directly for negligence. Seamen are specifically excluded from Louisiana workers’ compensation. Their protections under the Jones Act are significantly more comprehensive.
I work on a jack-up rig. Do I qualify for Jones Act protection?
Possibly. Jack-up rigs are considered vessels under the Jones Act when they are floating and moving between drilling locations — when they are ‘drilling from hole to hole.’ Workers who spend at least 30% of their work time on the rig while it is in vessel status may qualify as Jones Act seamen. This is one of the most contested seaman status issues in Louisiana federal courts. Employers aggressively argue that jacked-up rigs are not vessels to deny coverage. Do not accept that argument without an independent legal evaluation.
What if I was injured on a Louisiana vessel but I live in another state?
It does not matter where you live. Jones Act claims are federal law claims filed in federal court. George is admitted in all three Louisiana federal districts and the Fifth Circuit. Many of his clients live in other states but were injured on Louisiana vessels or while working on Gulf operations that originate from Louisiana ports. Where you live has no effect on your rights.
The company is telling me I have a workers’ comp claim, not a Jones Act claim. What should I do?
Get an independent legal evaluation immediately. This is one of the most common tactics maritime employers use to reduce their exposure — characterizing a worker as a land-based employee covered by workers’ compensation rather than a seaman covered by the Jones Act. The economic difference is enormous. Workers’ comp caps your recovery; the Jones Act does not. George will evaluate your employment situation and give you an honest assessment of whether you qualify as a Jones Act seaman.
How long do I have to file a Jones Act claim in Louisiana?
Three years from the date of injury. However, this deadline is not the practical deadline — evidence disappears, witnesses become unavailable, and vessel logs can be altered or lost far sooner. In cases involving ongoing maintenance and cure disputes, certain procedural deadlines can be even shorter. The sooner you retain counsel, the stronger your evidentiary position. Call us as soon as possible after your injury.
What if I signed something after my injury?
It depends on what you signed. A routine injury report does not waive your rights. An accident report or medical authorization similarly does not waive your rights. However, a release — a document that settles your claim in exchange for a payment — may waive your rights permanently. If you signed a document and are unsure what it means for your legal options, call George. He can review what was signed and advise on whether and how any rights were affected.
Can I be fired for filing a Jones Act claim?
Retaliation against a seaman for filing a legitimate Jones Act claim is illegal under federal law. If your employer terminates you, fails to recall you for future hitches, reduces your hours, or otherwise retaliates against you for pursuing your legal rights, that retaliation is itself an actionable claim. Document any adverse employment action that follows your injury or your decision to seek legal representation. Fear of retaliation — while understandable given the close-knit nature of Louisiana’s maritime industry — should not prevent you from pursuing what you are owed.
The company paid my medical bills but says I owe them money from my settlement if I win. Is that right?
The interaction between maintenance and cure payments and a Jones Act settlement is a legitimate legal issue that requires careful analysis. In general, employers cannot simply recoup maintenance and cure payments out of a Jones Act settlement — particularly if the employer was negligent in causing the injury, which triggers the full Jones Act damages framework. The specific terms of your maintenance and cure arrangement and any documents you signed regarding those payments are important. Get legal advice before agreeing to any recoupment arrangement.
I have a pre-existing back injury. Does that mean I can’t file a Jones Act claim?
No. The Jones Act explicitly protects workers whose pre-existing conditions are aggravated, accelerated, or combined with employer negligence to produce a current disability. The employer takes you as they find you — if your back was already vulnerable and their negligent working conditions caused it to herniate or worsen, they are liable for the full extent of what their negligence produced. Employers routinely argue that pre-existing conditions bar or limit recovery. This is a standard defense tactic that an experienced Jones Act attorney knows how to counter.
What does ‘maintenance and cure’ actually pay? The daily rate seems very low.
Maintenance rates vary. Many employment contracts specify a fixed daily maintenance rate — historically these have been as low as $15-$35 per day, which is well below what it actually costs to live. The law requires the maintenance rate to cover ‘necessary’ expenses, and courts have increasingly been willing to evaluate whether contractual rates are actually adequate. Additionally, if your employer’s maintenance payments are insufficient and that insufficiency causes you additional harm — for example, you cannot afford to get to medical appointments — that creates additional liability for the employer. George evaluates maintenance adequacy in every case and pursues additional amounts when the evidence supports it.