Maritime labor is one of the most hazardous vocations in America. From drilling platforms offshore to boats out at sea, employees of this industry experience daily exposure to risky conditions.
Due to the special dangers encountered, maritime laborers are exempt from state workers’ compensation insurance programs. Injured maritime workers can seek compensation under a federal legislation called the Jones Act.
If you’ve suffered an injury while working at sea or on a navigable waterway, it’s crucial to understand how the Jones Act can support your right to compensation and how it differs from other workplace injury laws. Also, don’t forget to seek legal assistance, as a lawyer can handle all the challenges in recovering compensation for all your losses.
What Is the Jones Act?
The Jones Act, a formally enacted portion of the Merchant Marine Act of 1920, offers seamen legal recourse who become injured on the job. As opposed to typical workers’ compensation legislation that guarantees no-fault benefits, the Jones Act holds injured employees to prove fault by the employer in some aspect leading to injury.
This legislation permits eligible maritime workers to sue their employers directly in state or federal court and seek compensation for a wide range of losses, such as medical bills, lost wages, pain and suffering, and others.
Who Is a “Seaman”?
To sue under the Jones Act, a person must be a “seaman.” Generally, a seaman is a person who regularly spends at least 30% of his working time on a ship in navigation. Examples of seamen include employees aboard tugboats, barges, fishing vessels, offshore supply ships, and drilling platforms.
It should be noted that the legal definition of “vessel” is expansive. Floating oil rigs, dredges, and other mobile structures can also be considered, depending on their purpose and mobility.
What Kind of Compensation Can Be Recovered?
Injured maritime workers can recover a broad array of damages under the Jones Act that are not available in typical land-based workers’ compensation claims. These include:
- Medical costs – Both present and future costs of treatment
- Wages lost – Including loss of earning capacity should the injury influence your ability to resume work
- Pain and suffering – Emotional and physical trauma caused by the injury
- Maintenance and care – A seaman’s entitlement to expenses for maintenance and medical care until maximum recovery is attained.
In instances of willful misconduct or gross negligence on the part of the employer, punitive damages may also be awarded.
What Must Be Proven in a Jones Act Claim?
In order to prevail in a Jones Act claim, the injured seaman must demonstrate that the negligence of their employer was a contributing cause of the accident. This can be unsafe working conditions, not providing adequate training, inadequate safety equipment, or not keeping the vessel in proper condition. The burden of proof is less than in typical personal injury cases.
Even if the employer’s negligence was only partially responsible for the injury, compensation can be obtained. Furthermore, if the ship itself is determined to be “unseaworthy” (not reasonably suitable for its designed use), the employee can also file a stand-alone unseaworthiness action under common maritime law.
How Long Do You Have to File?
The deadline for filing a Jones Act claim is generally three years from the time of the injury. Yet, there are exceptions, such as in instances of delayed diagnosis or injuries that progress over a period of time.
Consulting a maritime injury attorney as soon as possible ensures that your claim will be filed in the proper amount of time. They also deal with the complications that may arise in the claim process.
