Jones Act seamen’
Sen. John McCain Introduces Legislation to Repeal the Jones Act
Friday, July 9th, 2010
The Jones Act has been a hot topic of discussion since the oil spill in the Gulf of Mexico was discovered. The movement to restrict application of the Jones Act has begun in earnest. The Jones Act requires that all goods shipped between domestic ports in the US, be shipped in vessels that are manufactured in the US, owned by US citizens and manned by US crews.
In the days since the spill was discovered, lawmakers have appealed to Pres. Barack Obama to waive off the provisions of the Jones Act to allow foreign-flagged vessels to help with the oil...
Tanker Company Tries to Get Seamen To Give up Jones Act Rights
Wednesday, July 7th, 2010
As a maritime lawyer, I've known for a while that maritime companies are trying to get arbitration agreements that release a seaman from his Jones Act rights in exchange for advancing wages.
One such employer is tanker company OSG. The company is reportedly trying to get employees to give up their rights to a Jones Act claim, or a claim of unseaworthiness in exchange for what they call a Salary Continuation Plan. Under the Salary Continuation Plan, OSG agrees to pay a Jones act seamen 50% of his basic wages for two months, and all union...
Maritime Lawyer Analyses Economic Impact of Jones Act Jobs
Monday, March 22nd, 2010
There’s no denying the extraordinary economic contribution that offshore workers and workers in related occupations make to the US economy. This has now been confirmed by a comprehensive study by the Offshore Marine Services Association.
This is the first study that has been commissioned to look into the economic impact of US-flagged Jones act vessels that are owned, crewed and built in the US. The study titled “The Economic Impact of the Shipbuilders and Vessel Operator Servicing the Offshore Exploration, Development and Production Industry on the US Economy” confirms what maritime attorneys have always known -...
Definition of Seafarer vs. Non Seafarer Continues to be Murky: Maritime Lawyer Discusses SC Decision
Thursday, March 4th, 2010
Part of being a maritime lawyer is following up closely on the several judicial rulings and court decisions that shape maritime and admiralty law. This month and through the next, I will be looking a little closer at important decisions and rulings over the past year, that impact admiralty and maritime law cases.
The status of self employed fishermen continues to be a matter of disagreement, and the Supreme Court appears to be in no hurry to clear all the confusion around this important issue. The Supreme Court has in the past defined nonseafarers as those who are “neither seamen...
The Jones Act – Some “Secrets” Your Employer May Not Want You To Know If You Are Injured Offshore
Wednesday, February 28th, 2007
If you are injured offshore and qualify as a Jones Act seaman (you can read more about the Jones Act and Jones Act seaman status in other entries on this website), some employers will treat you honestly and fairly, provide independent medical advice and care, ensure that you recover from your injuries before requiring you to come back to work, and provide you and your family with appropriate payments while you recover from your injuries.
However, sometimes Jones Act employers will try to "trick" you into believing things about your case and your situation that simply...
However, sometimes Jones Act employers will try to "trick" you into believing things about your case and your situation that simply...
Why is the Jones Act important for injured offshore workers?
Thursday, February 15th, 2007
The Jones Act was enacted in 1920. The purpose of the Jones Act was to encourage U.S. maritime commerce, by, among other things, offering appropriate legal protections to injured seamen.
Seamen are exposed every day to unique dangers and perils. They must brave the open seas, work on dangerous offshore oil rigs, perform hard dredge work, master complicated maritime procedures and policies, watch out for their fellow workers, dive to great depths off of boats, ships, and rigs, work long hours, work in extreme weather conditions, and be away from their families for long periods of time.
Read More »
Seamen are exposed every day to unique dangers and perils. They must brave the open seas, work on dangerous offshore oil rigs, perform hard dredge work, master complicated maritime procedures and policies, watch out for their fellow workers, dive to great depths off of boats, ships, and rigs, work long hours, work in extreme weather conditions, and be away from their families for long periods of time.
What is a “Longshoreman” & What Are Their Legal Rights When Injured?
Tuesday, February 13th, 2007
Workers who load and unload the ship's cargo and are employed by stevedoring companies, longshoremen or harbor worker unions, or who are employed by such companies other than the ship's owners are generally considered "longshoremen" or "harbor workers."
Longshoremen are covered by the Longshore and Harbor Workers' Compensation Act (LHWCA). They are entitled to a form of federal workers' compensation benefits for on-the-job injuries or death. Longshoremen are entitled to collect benefits if they were injured in the course of their employment regardless of fault.
Longshoremen are not entitled to bring Jones Act or General Maritime Law claims...
Longshoremen are covered by the Longshore and Harbor Workers' Compensation Act (LHWCA). They are entitled to a form of federal workers' compensation benefits for on-the-job injuries or death. Longshoremen are entitled to collect benefits if they were injured in the course of their employment regardless of fault.
Longshoremen are not entitled to bring Jones Act or General Maritime Law claims...
Recent Jones Act Case Upholds $1,585,000.00 Verdict
Wednesday, February 7th, 2007
The San Antonio Court of Appeals recently issued a unanimous opinion affirming a $1,585,000.00 jury verdict in a Jones Act case. The opinion is styled Weeks Marine, Inc. v. Salinas.
Salinas worked for Weeks Marine, a dredging company, as a mate. He worked on the M/V BTD II, a dredge boat. While the dredge was in a repair facility in Houma, Louisiana, Salinas injured his back. He was hurt while lifting two 45 pound batteries. He was required to carry these batteries from the yard across two gangways. He was hurt as he stepped from one of the gangways.Read More »
Salinas worked for Weeks Marine, a dredging company, as a mate. He worked on the M/V BTD II, a dredge boat. While the dredge was in a repair facility in Houma, Louisiana, Salinas injured his back. He was hurt while lifting two 45 pound batteries. He was required to carry these batteries from the yard across two gangways. He was hurt as he stepped from one of the gangways.
