What Are My Rights as a Contractor Under the Jones Act

Your rights as a contractor under the Jones Act will depend on the specific facts of your employment. You may receive full protection under the Jones Act if you qualify as a seaman and work for a company, even if you do not work for the company that owns the vessel you worked on at the time of an accident. 

However, you may not qualify for Jones Act protections if you work as a true independent contractor.

A New Orleans Jones Act lawyer can help you better understand your situation and how best to seek compensation after an injury.

What Rights does the Jones Act Give Workers?

The Jones Act gives eligible workers the right to seek compensation from their employers in case of an injury on a vessel. Workers may sometimes request “maintenance and cure” benefits or file a personal injury lawsuit. 

Under this act, qualifying individuals can file a claim to secure damages to cover their: 

• Current and future medical bills
• Lost wages
• Diminished earning potential 
• Pain, emotional suffering, and mental anguish

A New Orleans maritime injury lawyer can provide more information about the money you may receive through the Jones Act. An attorney can also explain what your rights are as a contractor under the Jones Act.

You May Have Full Rights Under the Jones Act as a Seaman

You may have rights under the Jones Act if you qualify as a seaman, even if you work as a contractor. In order to qualify as a seaman, you must:

Serve as a Captain or Crew Member of a Vessel in Navigation

Many ships and boats qualify as “vessels in navigation.” Any ship or boat that is capable of moving, in operation, afloat, and on navigable waters may meet this definition. These vessels do not have to be out at sea or moving to qualify.

However, vessels out of the water or in drydock do not qualify as “in navigation.” 

Contribute to Working on the Vessel

You contribute to the work of a vessel if you perform any services that help accomplish the mission of the vessel. Nearly everyone who works on a vessel will contribute in some way and, therefore, meet this qualification. 

Spend Significant Time on a Vessel

Finally, individuals must spend a “significant” amount of their time working on a vessel to qualify as seamen. Generally, you must spend a minimum of 30% of your employment time on a vessel to fulfill this requirement. 

If you meet all of these requirements and work for a company, you may qualify for full rights under the Jones Act. 

Contractors Who Work for Someone May Get Jones Act Protections

If you qualify as a seaman and work for a company as a contractor, you may qualify for protections under the Jones Act. You do not have to work for the company that owns the vessel you work on to have these rights. 

Workers often qualify for benefits because of the “borrowed service doctrine.” This doctrine means that you have rights as a contractor under the Jones Act as long as you work for a company. 

Generally, if you receive a W-2 and get a regular paycheck, you qualify for these protections. 

You May Receive Maintenance and Cure Benefits

You may qualify for maintenance and cure benefits as a contractor under the Jones Act. Maintenance benefits may cover your necessary household expenses after an accident. For example, maintenance benefits may pay for your:

• Mortgage or rent
• Food and utilities 
• Homeowner’s insurance and property taxes 

Typically, these benefits do not cover your car payments, streaming services, or gas for your vehicle. 

Cure benefits, on the other hand, cover the necessary and reasonable medical expenses associated with an accident. You may consider cure benefits as similar to the workers’ compensation benefits available to employees who work on land. 

How Long do Contractors Receive Maintenance and Cure?

If you qualify for maintenance and cure benefits as a contractor, you may receive these payments until you fully recover or reach your point of maximum medical improvement (MMI). You reach MMI if medical professionals believe that you will not improve further. 

How do Employers Pay for Maintenance and Cure?

Qualifying contractors may receive maintenance payments every week or every other week in most cases. The liable party may pay out for cure benefits as the bills come to the injured contractor. 

What if the Liable Party Won’t Pay Maintenance and Cure?

If the at-fault party refuses to cover your maintenance and cure costs, even though you qualify for protections under the Jones Act, you can reach out to a New Orleans personal injury lawyer to discuss your other legal options to secure fair compensation. 

Talk to Us About Your Rights Under the Jones Act as a Contractor

What are your rights as a contractor under the Jones Act? If you work as a contractor for an employer and qualify as a seaman, you can count on the same protections under the Jones Act as other qualifying workers.

The Jones Act gives you the right to seek compensation for any losses you sustain while working in this situation. You can learn more about your rights with our team at Scott Vicknair Injury Lawyers. We can handle your case on a contingency fee basis.

We have more than 30 years of combined experience and are ready to provide you with personalized support as we fight for the win on your behalf. Find out more by calling or completing our online contact form.