Houston Jones Act Lawyer
Even with the best safety gear and protocols, sailing and maritime jobs are dangerous. If you’ve been hurt working on a U.S. vessel, you may be eligible to receive compensation under the Jones Act. This worker protection is intended to help seamen access quality medical care and receive compensation for other damages.
If you’re unsure where to turn after getting hurt on the job, consult a Houston maritime injury lawyer from Havens & Associates to learn about your legal rights. Call (713) 955-2215 for a free consultation.
As veterans, our firm upholds the same principles we lived by in the military: loyalty, duty, and respect.
Jonny Havens, a native Houstonian and graduate of Texas A&M is a seasoned trial lawyer who embodies the values of discipline, excellence, and servant leadership.
Jonny served five years on active duty in the U.S. Army, earning his Ranger Tab as an infantry officer. His commitment to excellence, honed during his military service, is evident in every case he takes on. During two deployments to Iraq, Jonny practiced servant leadership by prioritizing his soldiers’ well-being, which he now applies to his legal practice by always putting his clients first.
In combat, Jonny developed an unwavering determination to fight back against any odds. This mentality drives his approach to his client’s cases, where no company or dispute is too formidable to challenge and hold accountable.
Jonny has achieved multimillion-dollar settlements and jury verdicts for plaintiffs and has successfully defended clients at trial against some of the top law firms in the country.
See what our satisfied clients have to say
★★★★★ We turned to Jonny Havens and his team to handle an important matter. Jonny took on our issues as if they were his own, and through his dedication and expertise the matter was resolved successfully.
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★★★★★ Jonny Havens is a tough, aggressive lawyer that was instrumental in working through some complicated legal matters for my organization. He was able to relieve a lot of the stress and fear I had about using a lawyer for the first time and I couldn’t be happier with the results. I wouldn’t recommend any one else over Jonny and his team.
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★★★★★ I’m very satisfied with the service that I received from Tommy and Jonny at Havens & Associates. They treated me with a lot of respect and attention. I’m very thankful for there knowledge and continued effort in making my case run smoothly. Havens & Associates defended my case with determination and dedication their work is outstanding and I highly recommend this law firm.
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Havens & Associates will advocate and protect you throughout the Jones Act legal process
The purpose of the Jones Act is to give injured seamen recourse for compensation after a workplace injury. However, this recourse is in the form of a personal injury lawsuit, a civil matter that seeks redress for damages. Although you could file a claim yourself, the laws are complex.
A Houston Jones Act lawyer can draft the claim according to regulations and gather evidence demonstrating that your employer was negligent and is responsible for the accident and your injury.
Our legal team can help you:
- Build a strong case for negligence against your employer
- Gather evidence to support your claim
- Properly value your claim, including anticipating future needs
- File all associated legal paperwork within the statute of limitations
- Negotiate with the insurance company
- Represent and advise you in mediation
- Litigate your case in civil court
Your lawyer is your legal advocate and protector during the Jones Act claims process. We protect your rights and prevent you from being steamrolled by a defensive employer and their insurance company.
You owe nothing to our Houston Jones Act lawyers unless we win your case
Havens & Associates works on a contingency basis, meaning we only get paid if we win your case and secure a settlement. We’ll take care of the legal costs upfront and are paid a percentage of your final award.
We are happy to discuss the payment structure for your claim in your initial free consultation.
We have experience handling all kinds of Jones Act worker injuries
Any injury a seaman incurs while working aboard an operational vessel should be covered under The Jones Act. This includes medical care for common maritime worker injuries like:
- Falling overboard
- Slip-and-fall
- Burns or explosion injury
- Traumatic brain injury (TBI)
- Back and spinal cord injuries
- Chemical or toxic fumes exposure
- Repetitive motion or stress injury
This isn’t an exhaustive list of injuries. It also covers any occupational disease or illness you develop due to working conditions, such as toxic exposure, shipboard infections like MRSA or pneumonia, or internal organ damage due to overexertion and general poor working conditions.
Plus, if a seaman suffers accidental drowning, their surviving family members may be able to bring a wrongful death claim against the negligent employer.
Havens & Associates is experienced in holding negligent employers accountable under the Jones Act
In a Jones Act case, negligence is determined by proving that the employer or vessel owner failed to provide a reasonably safe work environment or acted in a way that contributed to the injury. Key factors include:
- Breach of duty – Showing that the employer had a duty to provide a safe working environment and failed to do so.
- Causation – Demonstrating a direct link between the employer's negligence and injury.
- Reasonable care – Comparing the employer’s actions to what a reasonable employer would have done under similar circumstances.
Under the Jones Act, an employer can be held liable for various unsafe conditions on a vessel, including:
- Grease or oil on the deck
- Broken equipment
- Improperly maintained equipment
- Failure to provide crew members with proper equipment
- Inadequate or improper training of the seaman or crew
- Unsafe work methods
- Negligence of the seaman's co-workers
- Assault by a co-worker
Our Houston Jones Act lawyer will work hard to recover maximum compensation in your case
You are entitled to claim compensation for both economic and non-economic losses.
Economic damages, per the Jones Act, include:
- All past, present, and future medical care, including surgery, a hospital stay, skin grafts, and prescription medications
- Rehabilitative care, like physical or occupational therapy
- Durable medical devices, like assistive technology or a wheelchair
- Prosthetics and therapy to learn how to use the prosthesis
- Property demage
- Maintenance benefits, the room and board you would have been provided onboard the vessel
- Lost wages if you have to miss work to recover from your injury
- Loss of earning potential if you’re injured severely enough to be unable to work
You can also claim compensation for non-economic damages like:
- Pain and suffering from your injuries
- Emotional trauma
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium (intimate relations with your spouse or partner)
- Loss of guidance (unable to parent your child)
- Loss of companionship (damaged relationships with your family in general)
If a seaman passes away from their maritime accident injuries, a Houston, Texas Jones Act attorney can help the family seek compensation for:
- Funeral and burial expenses
- Medical expenses incurred before passing
- Loss of financial support, like unearned pension or retirement benefits
- Pain and suffering
- Loss of consortium and companionship
Under the Jones Act, you cannot seek punitive damages (financial punishment of an egregiously negligent employer).
Havens & Associates will ensure your claim is filed on time
You have three years from the injury or diagnosis of an occupational illness or disease to file a lawsuit under the Jones Act. If you fail to file before the statute of limitations expires, you essentially forfeit your right to sue.
We are experts in maritime law
The Jones Act, also called the Merchant Marine Act of 1920, is an extension of the Federal Employer’s Liability Act (FELA), offering protections for injured seamen and permitting them to bring a civil action against a negligent employer if injured while working.
Jones Act civil suits are a form of personal injury lawsuit, which means that injured seamen or surviving family members can seek non-economic compensation in addition to tangible losses, like medical bills and unearned wages. You can also demand compensation for the pain and suffering, emotional trauma, and diminished quality of life you experience because of your injuries.
Under the Jones Act, injured seamen can demand compensation for more losses than they would secure under traditional workers’ compensation, which is limited to covering medical costs, scheduled disability benefits, and lost wages.
The Jones Act protects seamen working aboard an operational vessel in navigation. The vessel must be in navigable waters, including the ocean and rivers and lakes bordered by at least two states. The Jones Act does not cover maritime workers injured while on a body of water wholly bordered by one state – in that case, they will be covered by the state’s workplace injury laws. |
Workers protected under the Jones Act
The Jones Act specifically names seamen as being protected under that law. Per the Act, the vessel the seaman is working on must be in operation, i.e., moving or capable of moving. The Jones Act does not cover ships in dry docks or those undergoing seaworthiness testing.
However, there are other federal laws to protect workers on these non-operational vessels, longshoremen and dock workers, and workers on offshore oil and gas rigs.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) may cover people working in other maritime jobs. This covers dock workers, stevedores, and those performing repairs on vessels.
Vessels protected under the Jones Act
The Jones Act explicitly states that only vessels “in navigation” are covered. This can be a little loose interpretation, but to be considered a vessel imagination, the ship or boat must be:
Afloat
The vessel must be in the water, floating. It may be in a dock as long as it’s floating in water. Vessels on land undergoing repairs or those in drydock do not meet the “afloat” requirement.
In operation
The vessel must be working and operable. If it’s docked, it must be capable of being operated or carrying out maritime duties.
Capable of moving
If it’s docked, the ship must be capable of leaving the dock, afloat on water, and operable by the crew.
On navigable waters
This may include the ocean or lakes and rivers linked to other bodies of navigable waters. For example, a vessel leaving Lake Pontchartrain, heading to the Mississippi River and toward the Gulf of Mexico, would be considered on navigable waters.
Trust your case with our top-rated Houston Jones Act lawyers
Have you been injured while working on a ship, boat, or barge on U.S. navigable waters? Do you need help understanding your rights under the Jones Act? Our Houston, Texas, Jones Act attorneys are experienced maritime injury lawyers, and we work with injured seamen like you.
Havens & Associates works hard to hold negligent maritime employers accountable for permitting unsafe conditions to persist and can file a suit on your behalf for employer negligence. Contact our firm today at (713) 955-2215 for a free case review.
We answer common questions about Jones Act cases in Houston
What should I do immediately after an injury at sea?
After an injury at sea, you should take the following steps:
- Report the injury to your supervisor or employer immediately
- Seek medical attention
- Gather evidence, including photographs of the accident scene
- Keep records
- Consult a Jones Act Lawyer
How long does resolving a Jones Act claim typically take?
The time it takes to resolve a Jones Act claim can vary widely based on several factors:
- Complexity of the case – More complex cases with severe injuries or disputed facts can take longer to resolve.
- Medical treatment duration – The time needed for medical treatment and recovery can affect the timeline.
- Settlement vs. trial – Cases settled out of court typically resolve faster than those that go to trial. A settlement can take a few months to over a year, while going to trial can take several years.
- Court schedules – The availability of court dates and the parties' schedules can also impact the timeline.
What is the difference between Jones Act and workers’ compensation claims?
A Jones Act claim and a workers’ compensation claim both provide benefits to injured workers, but they differ significantly:
- Eligibility – The Jones Act applies explicitly to seamen—individuals who spend significant work time on a vessel or fleet of vessels. Workers’ compensation covers most land-based employees.
- Fault – Under the Jones Act, you must prove that your employer's negligence contributed to your injury. On the other hand, workers' compensation is a no-fault system, meaning you don’t have to prove negligence to receive benefits.
- Benefits – The Jones Act can provide more comprehensive compensation, including medical expenses, lost wages, and pain and suffering. Workers’ compensation typically covers medical costs and a portion of lost wages but usually does not compensate for pain and suffering.
Can I sue my employer under the Jones Act if I am a contractor?
Under the Jones Act, eligibility to sue typically requires that you are classified as a “seaman.” Being a contractor does not automatically disqualify you, but you must meet certain criteria:
- Significant time on vessel – You must spend a substantial portion of your work time (generally considered at least 30%) on a vessel or fleet of vessels owned or operated by your employer.
- Employment relationship – You need to establish an employment relationship with the vessel owner or operator, even if you are a contractor.
If you meet these criteria, you may be able to sue under the Jones Act. It is advisable to consult with a Jones Act attorney to assess your specific situation and determine your eligibility.
How is the Jones Act different from other maritime laws?
The Jones Act is more comprehensive than many other maritime laws, as it addresses the needs of injured seamen and accidents when a vessel operates in navigable waters. Most U.S. maritime laws don’t consider the individuals working on the vessels but rather address larger issues like water pollution and oil spills, commercial and contractual claims, and vessel financing, such as maritime liens.
It also protects certain U.S. shipping interests. Domestic shipping companies are protected because foreign vessels are not permitted cabotage (transferring goods along U.S. navigable water routes). The Gulf oil and gas industry is one of the most affected industries by the Jones Act, as any crude sourced from offshore rigs must be shipped to northern refineries in U.S. vessels with U.S. crew.