The maritime industry is diverse, but one thing most offshore and maritime jobs share is risk. From heavy machinery to unpredictable conditions at sea, workers face dangers every day. Dredge workers, in particular, often fall into a legal “gray area” when it comes to workplace protections.
At The Maritime Injury Law Firm, we’ve represented dredge workers across Louisiana and the Gulf Coast, helping them secure the compensation they deserve under federal maritime law. If you’ve been injured on the job, the Jones Act could provide you with critical protections. Here’s what you need to know.
What Is the Jones Act?
The Jones Act is part of the Merchant Marine Act of 1920. Originally passed after World War I to strengthen the U.S. shipping industry, it has since become one of the most important worker protection laws in maritime law.
For injured seamen, the Jones Act provides two essential benefits:
- Maintenance – Daily living expenses while you’re unable to work, such as rent, groceries, utilities, and other household costs.
- Cure – All reasonable medical expenses related to your recovery, including doctor visits, hospital stays, prescriptions, and even transportation to and from appointments.
These benefits exist regardless of fault, and they ensure that injured workers aren’t left without support while they recover.
Are Dredge Workers Covered by the Jones Act?
For years, dredge workers were not clearly recognized as “seamen” under the law, which meant they were often left to rely only on the Longshore and Harbor Workers’ Compensation Act (LHWCA).
That changed in 2005, when the U.S. Supreme Court decided Stewart v. Dutra Construction Company. The Court ruled that dredge workers are considered seamen under the Jones Act.
This decision was a turning point. It extended the full protections of the Jones Act to dredge workers, giving them access to:
- Maintenance and cure benefits
- The right to sue an employer for negligence
- The ability to hold vessel owners accountable for “unseaworthy” conditions
- The right to a jury trial in certain cases
Jones Act vs. LHWCA
While the LHWCA provides some protections, the Jones Act offers broader rights and remedies. Here are key differences:
- Burden of proof: The Jones Act allows claims with a relatively low burden of proof compared to traditional negligence claims.
- Right to a jury trial: Jones Act claims can be tried before a jury, while LHWCA claims are typically handled administratively.
- Scope of recovery: The Jones Act allows for maintenance and cure benefits, plus additional damages if negligence or unseaworthiness can be proven.
- Broader remedies: Unlike the LHWCA, the Jones Act allows seamen to pursue claims directly against their employers and vessel owners.
Do You Have to Prove Negligence?
One of the strongest protections under the Jones Act is that you can still collect maintenance and cure even if your employer wasn’t negligent. These benefits are guaranteed because maritime work is inherently dangerous.
However, if you can show that employer negligence played even a small role in your accident, you may be entitled to additional compensation. Examples of negligence include:
- Forcing workers to operate in dangerous weather conditions
- Failing to provide proper training or safety protocols
- Using unsafe or defective equipment
- Not maintaining vessels or machinery in a safe condition
Contact a Jones Act Lawyer for Dredge Workers
If you’re a dredge worker injured on the job, don’t let your employer downplay your rights. At The Maritime Injury Law Firm, attorney George Vourvoulias has over 20 years of experience representing maritime workers across Louisiana and the Gulf Coast. We understand the unique challenges dredge workers face, and we know how to fight back when employers or insurers try to minimize your claim.
Contact us today for a free, confidential consultation. We’ll help you pursue the full compensation you are entitled to under the Jones Act.
FAQs About Dredge Workers and the Jones Act
- Are dredge workers considered seamen under the Jones Act?
Yes. In Stewart v. Dutra Construction Company (2005), the Supreme Court ruled that dredge workers qualify as seamen under the Jones Act, giving them full access to its protections. - What benefits can dredge workers claim under the Jones Act?
You are entitled to maintenance and cure, covering living expenses and medical treatment. You may also pursue additional damages if negligence or unseaworthiness contributed to your injury. - How is the Jones Act different from the LHWCA?
The Jones Act provides broader remedies, including the right to a jury trial, a lower burden of proof, and the ability to sue for negligence. The LHWCA is more limited and primarily covers land-based maritime workers. - Do I need to prove negligence to receive compensation?
No. Maintenance and cure are available regardless of negligence. But proving employer fault can increase your compensation significantly. - What are examples of employer negligence for dredge workers?
Examples include forcing work in unsafe weather, failing to provide training, not maintaining equipment, or ignoring hazardous conditions on board. - Do I need an attorney to file a Jones Act claim?
While you can file without one, it’s risky. Employers and insurers often fight hard to minimize payouts. Hiring an experienced Jones Act lawyer ensures your rights are protected.
