1-800-MARITIME (1-800-627-4846)
Get Information about Houston Maritime Injuries and Jones Act Injuries

Houston Maritime Injury and Jones Act Blog

Get Information about Houston Maritime Injuries and Jones Act Injuries.
Blog Category:

Ship, Tanker & Freighter Crews Injuries

    10/7/2008
    David Willis
    Comments (0)

    Seaman Status Under the Jones Act

     

    Ovie Reeves, Jr. vs F. Miller & Sons, Inc. Court of Appeal Louisiana 3rd Circuit case where Reeves worked as a pile driver/operator performing various construction duties on a construction barge.  Reeves alleged that he injured himself while engaged in the course and scope of his employment when he slipped on the deck of a pile driving barge located at the port.  The evidence showed that  1)  16% of Reeves work was performed on water;  2) the barge was on site approximately 28% of the hours that he worked;  3)  all vessels on which Reeves worked were located dockside;  4)  Reeves did not sleep or eat on the vessels; 5)  Reeves did not keep watch on the vessels overnight; and 6)  his pile driving duties did not take him to sea.  The jury found that Reeves was not a seaman under the Jones Act because less than 30% of his work was preformed on a vessel. 

    Amount of Time Working Aboard Vessels Necessary to Find Seaman Status

    The Louisiana Court of Appeals affirmed the juries’ verdict.  This case illustrates one of the necessary elements in proving that someone who works doing different tasks must work at least 30% or more of his time aboard a vessel in navigation in order to be considered a seaman under the Jones Act.  If less than 30% of the worker’s time is aboard vessels in navigation then the worker is not considered a seaman although he may have a General Maritime Law claim for negligence.


    Labels:

Comments

This post is closed to comments.

Quick Contact

Name:

Phone:

Email:

Tell us more:


Willis Law Firm
1221 McKinney Street
Suite 3333
Houston, TX 77010

Toll Free: 1-800-MARITIME