CLAIMS AGAINST A STATE UPHELD BY APPELLATE COURTS

MARCH 24, 2011 by Bill Abbott

Yet another Jones Act claim was recently appealed and upheld. A man employed by the State of Louisiana in the Department of Wildlife and Fisheries, was injured on a state vessel. The man was a member of the vessel’s crew and he suffered cervical spine injuries while patrolling certain waters. After his injury, knowing he had rights to compensation, the man filed a claim under the Jones Act.

The State of Louisiana filed an exception. They stated that his claim should fall under the state’s workers’ compensation laws. Both parties to the case presented prior rulings to uphold their claims. After much deliberation, the appellate court ruled in favor of the plaintiff. They determined that he did have the right to file a claim against the State of Louisiana under the Jones Act and maritime law. They ruled that the State of Louisiana had waived its immunity because of an article in the Louisiana Constitution. The article states that the state and/or state agency is immune from liability when it involves the injury of a person or property.

This particular claim was handled by professional attorneys that knew what they were doing. They understood that filing a claim against a state might prove difficult. They cited cases to back up their motions and the man’s claim can now move forward. Texas Jones Act attorneys approach their cases with the same professionalism. When Texas Jones Act attorneys are retained by clients for a maritime case, they will fight for their client’s rights in court.

If you or someone you know has been injured on the waters, hire qualified Texas Jones Act attorneys to represent you. Since the Jones Act is an intricate law, you need the advice and guidance of professionals. Regardless of whom the claim is against, your Texas Jones Act attorneys will help you every step of the way.

 

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