Jones Act
You have legal rights as a seaman and could be entitled to a monetary settlement if you were injured on the job.
The Jones Act, which came to pass in 1970, was created by the federal government to protect injured seaman. This law regulates the maritime industry and ensures that seaman injured while on duty, receive adequate compensation. Under the Jones Act, an injured worker may be able to recover:
- lost wages, both past and present
- medical expenses
- damages for pain, suffering, disfigurement and mental anguish
Some of the injuries associated with Jones Act lawsuits include those caused by falls due to poor lighting or lack of appropriate equipment, weather related accidents, exposure to toxic chemicals, burns, electrocutions, falling objects and even assaults. There are many reasons for maritime injuries and it is important to be able to determine whether negligence or unseaworthiness of vessel played a role.
If you win your Jones Act lawsuit, you may be awarded hundreds of thousands of dollars for damages. That is a lot more than your employer will offer you.
As a seaman, you are legally entitled to
maintenance and cure if you are injured in the course of your employment, regardless of who was at fault. Maintenance refers to the small daily compensation you receive, which usually equates to as little as $10 to $35 per day. Basically, the amount of maintenance should equal the costs of your living expenses on land, assuming you have comparable accommodations as you had on the vessel. Cure is defined as your employer’s obligation to provide medical care until your condition cannot improve any further. Unfortunately, many seamen are unaware that they have a claim under the Jones Act and settle for maintenance and cure – missing out on a large potential settlement.
Seaman – Legal DefinitionOne of the first steps in a Jones Act case is the determination of whether or not you are legally a
seaman. By definition, a seaman is a crew member of a vessel or person who was assigned to a vessel or fleet of vessels. Individuals who work on the following are considered to be seamen:
• Fishing vessels
• Supply boats
• Tankers
• Freighters
• Jack-up rigs
• Towboats/tugboats
• Semi-submersibles
• Barges
• Crew boats
• Movable or jack-up drilling rigs.
There are requirements to proving seaman status that should be discussed with a maritime attorney at the Willis Law Firm.
Negligence & UnseaworthinessIn order to have a successful case under the Jones Act, you must be able to prove negligence or fault by the vessel’s owner, operators, officers or co-workers. Defects in the vessel, equipment, tackle or gear also allow for certain remedies. You may have a Jones Act claim if your employer did something unreasonable that directly or indirectly caused the accident or if your employer failed to perform an act that could have prevented the injury. The admiralty lawyers at Willis Law Firm will help you determine if your employer was negligent.
If the vessel is found to be unseaworthy, you may also have a valid case. A ship’s owner has a duty to ensure that the vessel is seaworthy and that it provides a safe environment for you to work. A vessel owner can be held liable if there were conditions that could have been corrected, which ultimately resulted in your injury. An experienced Jones Act attorney at Willis Law Firm will review your case to find out if the vessel was unseaworthy.
Statute of LimitationsThere are deadlines as to when you can file a claim. The Statute of Limitations for a Jones Act case is generally three years from the date of the incident. Some exceptions include situations where the injury occurred on a vessel that is in some way connected to the U.S. government. Do not wait to talk with a Jones Act lawyer at the Willis Law Firm. If your case does not fall under the Jones Act, your statute of limitations can be as little as one year. You could miss out on a large cash settlement if you are past the deadline.
Willis Law Firm will go over your rights as a seaman and assist you with your Jones Act injury case. Call 1-800-MARITIME 24 hours a day, 7 days a week! Your consultation is kept confidential.
Library for Jones Act:
- How Jones Act Settlements Are Calculated
Description: If you have been injured in a maritime accident, the insurance company will most likely offer you a settlement. This article reveals the tactics used by insurers in Jones Act settlements and gives tips on how to value your case. Contact an experienced maritime injury lawyer today at the Willis Law Firm at 1-800-MARITIME. - What Makes a Vessel Unseaworthy?
Description: If you have been injured while working on a vessel, you may be entitled to compensation based on an unseaworthiness claim. The Willis Law Firm discusses what makes a vessel unseaworthy and the compensation available to injured seamen. Contact us today at 1-800-MARITIME for a free and confidential case evaluation. - Workers’ Compensation or Jones Act?
Description: A common question that will arise when a seaman is injured is whether to file a Jones Act or Workers' Comp claim. The amount of compensation is very different depending on which claim is filed. An experienced Jones Act attorney at the Willis Law Firm can help you with your Jones Act case. Call 1-800-MARITIME today. - Jones Act Claim - Hurt by a Co-Worker
Description: If you are a seaman and have been injured from the actions of a co-worker, you may be able to file a Jones Act claim. This article discusses the rights of seamen who have been injured by fellow crewmembers. Contact a maritime injury lawyer at the Willis Law Firm at 1-800-MARITIME. - Amputations and the Jones Act
Description: Amputations can occur from an accident offshore. This article discusses what actions should be taken after an accidental amputation and the compensation available under the Jones Act. Contact the Willis Law Firm today at 1-800-MARITIME for a free and confidential case evaluation. - Should I Give a Recorded Statement After a Maritime Injury?
Description: If you have been injured while working offshore, most likely you will be contacted by your employer’s insurance company and asked to give a recorded statement. The Willis Law Firm discusses how a recorded statement can seriously jeopardize your case. Contact us today at 1-800-MARITIME for a free and confidential case evaluation. - Injuries Resulting from Vessel Collisions
Description: Vessel collisions frequently occur and can cause serious injuries. The Willis Law Firm discusses vessel collision cases and the rights of injured seamen. Contact us today at 1-800-MARITIME if you have been injured in a vessel accident. - Jones Act Protects Seaman’s Rights
Description: The Merchant Marine Act of 1920, one of three laws referred to as the Jones Act, has a provision to protect seamen’s rights. This article gives a summary of the Jones Act, as well as the rights of injured seamen. Contact the Willis Law Firm at 1-800-MARITIME if you have suffered a maritime injury. - Maritime Worker or Seaman with a Closed Head Injury
Description: Maritime workers are especially prone to closed head injuries due to the dangers associated with their occupation. The Willis Law Firm discusses the symptoms, treatment and compensation for closed head injury cases. Contact us today at 1-800-MARITIME if you have been injured while working offshore. - Fishermen Have One of the Most Dangerous Occupations
Description: Fishermen have one of the most dangerous occupations in the United States. This article discusses the factors that make fishing for a living such a hazardous line of work. Call a maritime lawyer at 1-800-MARITIME if you have been injured on a fishing vessel. View All
Blog for Jones Act