Maritime jobs come with physical demands, harsh conditions, and a constant risk of injury. However, injured seamen can’t rely on standard workers’ compensation laws when something goes wrong. Instead, they must turn to the Jones Act, a powerful federal law that allows maritime workers to hold negligent employers accountable.
Filing a claim under the Jones Act isn’t a simple process. Whether establishing your eligibility, collecting evidence, or initiating a claim, each phase of the process is essential to your success. That’s why having the proper guidance from the beginning can mean the difference between walking away with nothing and securing the compensation you deserve.
If you’re wondering how to file a Jones Act claim in Texas, this guide explains each step and what you need to know.
What Is the Process for Filing a Jones Act Claim?
The Jones Act, part of the Merchant Marine Act of 1920, allows injured maritime workers to sue their employer when an injury is caused by negligence or unsafe conditions on a vessel. Unlike typical workers’ comp claims, the Jones Act gives seamen the right to pursue full compensation through a civil lawsuit, including damages for pain and suffering, lost earning capacity, and future medical care.
Here’s how the process works.
Consult a Maritime Attorney
Before you do anything, speak with a qualified maritime attorney. Filing a Jones Act claim is unlike filing a routine injury claim or insurance request. It involves specific federal laws, jurisdictional rules, and legal standards that most general personal injury lawyers don’t deal with regularly.
A Houston Jones Act lawyer will:
- Evaluate whether you qualify under the Jones Act,
- Review how your injury occurred and whether negligence was involved,
- Gather evidence to support your claim, and
- Guide you through the legal and procedural steps to protect your rights.
At Kolodny Law Firm, PLLC, our team understands the complexities of maritime claims and has experience taking on employers who fail to protect their workers. We’ll help you build a strong foundation from the start.
Prepare and Send a Demand Letter
Once your attorney confirms that the Jones Act applies, the next step is to send a demand letter to formally notify your employer of the claim and request compensation. A strong demand letter backed by solid evidence sets the tone for settlement negotiations.
Negotiation
After receiving the demand letter, the employer or their insurance company may begin negotiating to resolve the claim. However, don’t expect a fair offer right away. Maritime insurers are known for using tactics like:
- Minimizing your injuries,
- Shifting the blame back onto you,
- Claiming your injuries existed before the accident, or
- Pressuring you to settle quickly for less than your claim is worth.
Your attorney will handle these negotiations, pushing back against unfair strategies and advocating for full and fair compensation. If the insurance company refuses to negotiate reasonably, it may be time to take the next step.
File Lawsuit
If negotiations fail, your lawyer will formally file a Jones Act lawsuit in civil court. Unlike workers’ comp, a Jones Act claim is a negligence-based lawsuit. You must prove your injuries were caused by your employer’s failure to provide a reasonable level of care or failure to maintain a safe work environment.
In Texas, you generally have three years from the date of injury to file your lawsuit. Acting quickly is critical to preserve evidence and protect your legal rights.
Discovery and Litigation
Once the lawsuit is filed, the case enters the discovery phase, where both sides exchange information and investigate the claim. Discovery may reveal unsafe work practices, poor vessel maintenance, or company negligence that wasn’t obvious at first. It also strengthens your case for trial or gives you leverage for a better settlement.
Trial
Most Jones Act claims settle before going to trial, but not all. Your case may go to trial if the employer doesn’t offer a reasonable settlement.
Your attorney will present the facts at trial, introduce expert testimony, and show how your employer’s negligence caused your injuries. A judge or jury will then decide whether you’re entitled to compensation and the value of your damages.
At Kolodny Law Firm, we prepare every case as if it’s headed to trial. That level of preparation gives us leverage during negotiations and positions you for success in the courtroom if needed.
Talk to a Houston Jones Act Lawyer Today
Filing a Jones Act claim isn’t something you should try to handle on your own. The law is complex, and your employer will likely have experienced legal teams working to protect their interests, not yours.
At Kolodny Law Firm, PLLC, we have fought for maritime workers across Texas since 2012. We understand the challenges seamen face after a serious injury, and we’re committed to helping you understand how to file a Jones Act claim and fight for the compensation you deserve.
We offer free consultations, and you won’t pay us anything unless we win your case. Contact the Kolodny Law Firm today to speak with a knowledgeable maritime attorney and get clear answers about your rights under the Jones Act.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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