Maritime Accident News

Court Rules That Maintenance Worker Not Entitled to Jones Act Protection

Paul Bailey was injured while working as a maintenance worker for marine contractor, R.L. Eldridge Construction.  He filed his lawsuit under the Jones Act, but the Texas Ninth District Court of Appeals ruled that he is not eligible to sue under this federal law.

Bailey’s accident occurred in September 2006, when he fell from the top deck of a push boat owned by Eldridge.  He sustained head injuries and later filed a Jones Act lawsuit against the company in Jefferson County District Court.  The Jones Act requires that the injured worker be considered a seaman, in order to pursue compensation under this law.  According to Eldridge, Bailey was not a seaman and should be excluded from filing a Jones Act lawsuit.

The case made it to the Appeals Court and justices ruled in favor of Eldridge.  Justice Charles Kreger stated that the Jones Act is designed for seamen, not "land-based workers who have only a transitory or sporadic connection to a vessel in navigation, and therefore whose employment does not regularly expose them to the perils of the sea."

Eldridge had submitted evidence showing that Bailey was not a seaman at the time of his maritime accident.  According to the opinion, “the evidence submitted by Bailey is insufficient to create a genuine issue of material fact with regard to the challenged element of his status as a ‘seaman’ under the provisions of the Jones Act.”

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