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Lufkin, Texas

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Vujasinovic & Beckcom Blog

Jones Act

9/4/2009
Michael Rawlins
Comments (0)

Court to decide whether dredge worker was a “seaman”

A foreman aboard a dredge has been challenged by his employer that he is ineligible for compensation under the Jones Act.

Armando Zertuche, the plaintiff, alleges he was injured on the job; the specific injuries are not available. Great Lakes Dredge & Dock Company, the dredge’s owner, has challenged the lawsuit, claiming that Zertuche was a dump foreman and not a seaman as defined by the Jones Act.

Zertuche counters that he in fact worked over 50 percent of the time as a deckhand.

According to the Act, in order to be considered a seaman, he or she must perform duties contributing to a vessel’s operation, navigation and mission.

The Supreme Court has traditionally ruled that a worker must serve over 30 percent of his time in duties connected to the navigation of a vessel in order to be classified as a seaman.

The U.S. Fifth Circuit Court of Appeals has remanded the case back to a lower court.

Read the full case here.

Want to know more about back injury cases that occur offshore?

Feel free to call our firm's toll free number, 877.724.7800 , or send us an email through this website, and we would be glad to schedule an appointment with the firm's maritime lawyer, Brian Beckcom.

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