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A job-related injury that occurs on a vessel could result in more substantial financial compensation for the victim. An experienced California Jones Act lawyer at the Law Offices of Preston Easley, APC can fight for your legal rights.
Injured seamen can file a personal injury claim against their employer, but that legal concept does not apply to everyone who works at sea. There are some workers in this setting who are not statutory employees, and their right and ability to file a Jones Act lawsuit could be more limited. Nevertheless, there may be circumstances in which independent contractors may be able to file a lawsuit to seek full compensation for their injuries.
Regardless of the type of legal action that you are filing, the experienced California Jones Act attorneys at the law offices of Preston Easley, APC can help. Schedule an appointment by calling (310) 773-5207 to speak to one of our lawyers about your case and learn how you may proceed.
Accident Victims Want to File a Jones Act Lawsuit
Even though the general rule is that independent contractors cannot file a lawsuit under the Jones Act, there are many exceptions that can permit a court case. Chances are that if an independent contractor is on a long-term assignment on a vessel, they may be able to find some exception that could allow them to sue. In addition, there may be alternative remedies available that could allow an independent contractor to find their way into court.
At the outset, it is in an independent contractor’s best interest to file a lawsuit because it could lead to more compensation. They can receive full compensation for lost wages and payment for non-economic damages.
The Jones Act allows an injured seaman to file a negligence-based lawsuit against their employer. Ordinarily, workers cannot file a lawsuit against their employer because the workers compensation system is the exclusive remedy. Over a century ago, in order to draw workers to a dangerous profession, Congress changed the rules to allow for personal injury lawsuits against employers.
There May Be Exceptions That Can Allow an Independent Contractor to Sue
An independent contractor is not considered to be an employee. A company hires them to perform specific services, but they do not do it in the capacity of an employee. In this sense, their engagement is more limited. At the same time, independent contractors are not subject to control from the hiring party, who is more concerned about the overall results. The permission under the Jones Act to file a personal injury lawsuit extends only to employees in the traditional sense.
However, there are many potential ways that an independent contractor can get into court. There are numerous exceptions to the doctrine that an independent contractor cannot sue, including the following:
- Misclassification: Just because a hiring entity calls someone an independent contractor does not mean that they really are in practice. If the independent contractor is subject to control, or they perform work within the hiring entity’s normal line of business, they may be considered an employee under the law.
- Long-Term Assignment: If the person has a long-term assignment on a vessel, there is more of a direct tie and defined role that could be indicative of employment status.
- Borrowed Servant Doctrine: The so-called independent contractor was hired by one company, but they were assigned to work for another. Much depends on which entity has control over the person’s work.
How Independent Contractors Can File Other Lawsuits
Even if one is truly an independent contractor, there may be other ways for them to be able to file a personal injury lawsuit.
- General Maritime Law Negligence Claims: So long as the hiring entity owed a duty of care to the independent contractor, and they breached it by failing to act reasonably under the circumstances, an accident victim can file a lawsuit under general maritime law.
- Third-Party Lawsuits: Even if an independent contractor cannot sue the hiring entity, they may be able to file a case against a third party whose actions were responsible for their injuries, such as another company with a role on board the ship or the manufacturer of a defective product.
- Unseaworthiness Lawsuit: If the independent contractor qualifies for seaworthiness protections, they may be able to file a lawsuit based on the condition of the vessel itself.
Your California maritime injury lawyer will review your case to determine whether you have the ability to file a personal injury lawsuit. Regardless, There is almost always a way for you to seek some type of compensation for an injury suffered on a vessel.
Contact a California Jones Act Law Firm
No matter how you are seeking compensation for your injury at sea, the experienced Jones Act attorneys in California at the Law Offices of Preston Easley, APC can help. Speak to one of our maritime attorneys by visiting our website or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
