Working in the maritime industry is tough, but that doesn’t mean your health and safety should be at constant risk. Unfortunately, many seamen are injured on the job due to unsafe conditions and employer negligence.
To help protect maritime workers, the Jones Act provides a legal avenue for injured seamen to recover damages. These cases are generally filed in state court and are not removable to federal court, yet some employers and insurance companies try to improperly remove them anyway.
If your case was removed and you suspect it was done unlawfully, a Louisiana Jones Act attorney at The Maritime Injury Law Firm can help you take action to remand it and fight for the compensation you’re owed.
What Is Removal and Remand?
Removal is the legal process where a defendant transfers a case from state court to federal court. This is common in many civil lawsuits, but Jones Act cases are an exception. They are not subject to federal removal under 28 U.S. Code § 1445.
However, some defendants try to bypass this by claiming that the Jones Act does not apply to the case. This tactic allows them to temporarily move the case to a U.S. District Court. If that happens, the injured seaman (the plaintiff) has the right to ask the federal court to remand the case back to state court.
A remand essentially sends the case back down to the original court to be tried under the correct jurisdiction. This process is crucial to protect your rights as a maritime worker.
If your case was removed under questionable reasoning, it is important to speak with a maritime injury lawyer immediately.
Improper Removal of Jones Act Cases in Louisiana
Jones Act claims are meant to protect seamen and ensure that they have access to a court that understands the nuances of maritime injury law. Improperly removing these cases undermines that right.
If your case was filed in Louisiana and improperly removed, you still have options. An experienced attorney can file for remand and argue that the removal was not valid because:
- You meet the legal definition of a Jones Act seaman
- The claims directly relate to employer negligence or vessel unseaworthiness
- Federal removal statutes do not apply to your claim
Filing for a remand is time-sensitive, and the process can be legally complex. Don’t navigate it alone; speak with an experienced maritime attorney in New Orleans who can take swift legal action.
Why You Need a Maritime Lawyer for a Remand
While it may seem like a simple procedural issue, improper removal can affect the entire outcome of your case. Employers often use this tactic to delay proceedings or pressure workers into accepting lower settlements. A qualified maritime attorney will know:
- How to prove your status as a Jones Act seaman
- Which federal and state statutes apply
- How to build a compelling argument for remand
- How to move your case forward once it’s back in state court
With the right legal team, you can hold your employer accountable and pursue the damages you’re entitled to under maritime law.
Contact The Maritime Injury Law Firm Today
If your Jones Act case was improperly removed in Louisiana or along the Gulf Coast, don’t wait to fight back. You may be entitled to a full remand and the right to try your case in the appropriate venue.
Contact The Maritime Injury Law Firm today for a free and confidential consultation. Our team of skilled attorneys knows the tactics employers use and how to stand up for injured seamen when it counts most.
