Louisiana Personal Injury Lawyer Blog
Maritime law has been around for a long time. Ever since boats have been used to move goods there has been a need for laws governing their transport. Because of its long history, maritime law is very complex and involves a lot of international, federal, and state laws. The first official U.S. maritime law was the Judiciary Act of 1789 that put jurisdiction over this area of law within federal courts.
The Jones Act, or Section 27 of the Merchant Marine Act, passed in 1920 is another very important piece of Maritime law. This law officially codifies the rights of seaman. The latest version of this law passed Congress in 2006. Under the Jones Act seaman can bring lawsuits against their employers in either state or federal court and are entitled to a jury trial. Many find protection in federal courts to be more advantageous, however. Unlike international maritime law, the Jones Act gives seaman the right to pursue legal claims against ship owners based on negligence or unseaworthiness. The Act applies to employees who spend at least 30% of their time on a navigable vessel (although this requirement has been interpreted very broadly by courts). There is a three year statute of limitations for claims filed under the Jones Act. This means that if a claim is not filed within three years of when the injury occurred, it will be time barred.
With Louisiana’s long coastline, multiple ports, channels, waterways, and rivers, the Jones Act becomes very important. Shipping is a big industry here and recreational boating activities play a major role in the economy. Anyone who spends more than 30% of their work time onboard a vessel may be entitled to compensation under this law. This goes beyond what one might traditionally think of as “seaman” and includes inland river workers or anyone who spends significant time on floating or moving structures. Even certain onshore oil industry employees can be covered if they spend significant time on the back deck of a boat loading and unloading supplies. If an employee is killed while working their survivors may be entitled to compensation under the Act as well.