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Vujasinovic & Beckcom Blog

Jones Act

6/23/2009
Mindy
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Is a Maintenance Worker Protected Under the Jones Act?

A case has been brought before the Texas Ninth District Court of Appeals, which will determine whether an injured maintenance worker on a boat is considered to be a seaman and therefore entitled to protection under the Jones Act .

The Jones Act lawsuit was originally filed in Jefferson County District Court on May 18, 2007 against R.L. Eldridge Construction. Paul Bailey initiated the suit after he was injured from a fall accident on one of Eldridge’s push boats. At the time, he was employed as a maintenance worker for Eldridge. Bailey sustained head injuries from the fall and wanted to pursue compensation in a Jones Act lawsuit.

Eldridge filed a motion for summary judgment arguing that Bailey is excluded from the Jones Act because he spent only 13 out of his 62 day employment on a ship of any kind. Judge Donald Floyd of the 172nd District Court granted the motion for summary judgment and ordered that Bailey take nothing from Eldridge.

Bailey appealed the judge’s decision and stated that he spent more than half of his employment on the water as a deck hand.

Under the Jones Act, to recover compensation, the worker must be considered a seaman . Typically, a maritime employee who works over the water for extended periods of time on boats of all kinds, oil rigs, movable platforms and who go out to sea are considered Jones Act seamen.

If you have been injured in a maritime accident, contact a maritime injury lawyer at Vujasinovic & Beckcom P.L.L.C. at 713.224.7800 or 877.724.7800 for legal advice.

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.

Or you can download Brian's free Insider's Guide to Winning Your Maritime Injury Case