Jones Act vs. Personal Injury Claims in Texas: What Beaumont Maritime Workers Need to Know

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Maritime workers frequently face hazardous working conditions, and they have different access to injury compensation from those who work on land. Hiring a Jones Act lawyer in Beaumont TX ensures that maritime workers file their claims in the correct court using the correct legal basis. The Beaumont maritime lawyers at Carabin Shaw have the experience and knowledge necessary to successfully pursue a work injury claim.

Call Carabin Shaw toll-free at 1-800-862-1260 or contact us online to speak with a legal professional who can schedule a meeting with our legal team. We have English- and Spanish-speaking staff, and someone is available to speak with you 24/7. Read our law firm’s client reviews to learn more about the successful legal outcomes we’ve secured for our clients.

Filing any type of work injury claim requires that you and your attorney calculate all your damages, which include physical, economic, and emotional losses. Merchant mariners seeking injury compensation in Beaumont, Texas, must prove that their employer was negligent to hold them liable for damages. They file a claim under the federal maritime Jones Act as opposed to Texas civil laws.

Examples of employer negligence under the Jones Act might include poor vessel maintenance, failure to eliminate slip-and-fall hazards, and failure to provide proper safety equipment. Your attorney will argue that your employer failed to exercise reasonable care to provide a safe workplace. The burden of proof is light in a Jones Act case, which increases your offshore injury lawyer’s ability to successfully argue for compensation.

The Jones Act is a federal law that supports the U.S. Merchant Marine, which is a national fleet of vessels that can serve commercial or military purposes. Congress enacted the law to serve U.S. security and economic needs, but it also allows seamen to sue their employers for work injuries caused by negligence. A Jones Act claim is different from a personal injury claim because it is a part of federal maritime law instead of Texas personal injury law.

Seamen who qualify for a Jones Act claim must hire a maritime accident attorney to sue for employer negligence. The seaman typically doesn’t qualify for workers’ compensation insurance because their work falls under federal jurisdiction. Speaking to a lawyer will help you understand what laws apply to your maritime work injury and how you can pursue fair compensation for your injuries.

Under 46 U.S. Code § 30104, a seaman can sue an employer for injuries or death suffered during the course of employment. Your maritime injury lawyer in Beaumont will have to prove that you meet the definition of a seaman by showing that you spend more than 30% of your working time aboard a ship. You may not qualify as a Jones Act seaman if you are a dock worker, shipbuilder, or aquaculture worker. A free case review from the legal team at Carabin Shaw will help you understand your legal options.

You typically have three years to file a Jones Act claim, compared with the two-year statute of limitations that the court usually allows for a personal injury claim. In addition, you may file the claim in a Texas state court as opposed to a federal court and still keep your right to a trial by jury. In many cases, a trial is unnecessary, as the lawyers at Carabin Shaw often successfully negotiate a settlement.

Hiring the lawyers at Carabin Shaw ensures that you get the compensation you deserve, and you pay nothing unless we win your case. Call today to get the legal support you need for financial recovery after a maritime work injury. Call us toll-free at 1-800-862-1260 to set up your free case review today. Our staff is available around the clock to help you in English or Spanish.

For more information:

• Civil Practice and Remedies Code Chapter 41
• 46 USC 30104: Personal injury to or death of seamen
• Chandris, Inc. v. Latsis (94-325), 515 U.S. 347 (1995).
• 46 U.S. Code § 30104 - Personal injury to or death of seamen