The Jones Act applies to water-based employees such as crew members, officers, and captains that spend at least 30% of their work time on a “vessel in navigation .”Whereas, workers’ compensation applies to land-based employees whose employers carry workers’ compensation insurance. But for the occupations that each Act covers, the two statutes may appear similar. However, there are fundamental differences between the Acts. An inherent difference amongst these Acts is the intent and what they seek to address. Lawmakers created workers’ compensation statutes to deter employees from suing their employer in tort, whereas Jones Act seeks to allow injured employees the right to sue their employer for negligence.

The next critical difference involves fault determinations. Under the workers’ compensation model, fault does not impact an employee’s ability or eligibility for benefits. In contrast, the injured party must provide evidence to support a negligence claim under the Jones Act. Additionally, workers’ compensation is more limited than under the Jones Act. For instance, both statutes permit recovery for an employee’s medical expenses when the worker suffers an injury on the job and cannot return to work. However, unlike workers’ compensation claimants, Jones Act claimants can recover the full extent of their lost wages when they are unable to return to work. Moreover, in some instances, Jones Act claimants can seek punitive damages.

Claimants must understand that the law does not permit them to file a suit under both the Jones Act and Florida’s workers’ compensation statute. An attorney can assist claimants in determining the appropriate path to relief.

Contact a Jones Act Attorney Today

If you suffered injuries while working in a maritime environment, the Florida Jones Act attorneys at Friedman Rodman & Frank could help you determine your rights and effectuate your remedies. The experienced attorneys on our team can help clients through every stage of their Jones Act Claims. We have an in-depth understanding and experience handling these challenging claims. In addition to Jones Act claims, our firm handles claims under the Defense Base Act and Longshore Act. Contact our office for a free case evaluation at 877-448-8585 to discuss your claim and potential compensation.

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A worker’s classification is an initial critical burden to establish, and a Jones Act attorney can assist potential claimants in determining whether the law entitles them to benefits. The law defines a “seaman” as a person who engages in a significant amount of work on a vessel. This includes crewmembers to captains who work on any ship or boat for at least 30% of their working time.

An important caveat to this rule is that the vessel must be “in navigation .” “In navigation” refers to when the vessel is in operation, capable of movement, and works on navigable waters. The law considers the vessel “in navigation” so long as it can move at any given point. On the other hand, if Act does not apply if the vessel is out of the water at the time of the incident.

The Act allows a seaman to file a lawsuit against their employer for negligence, so long as the claimant can establish that the owner, captain, or crew were negligent and their negligence resulted in the claimant’s injuries. An employer may be liable if they breach their duty to their workers. The Jones Act requires employers to provide a seaman with reasonably safe working conditions and to use ordinary care to keep the vessel in a reasonably safe condition.

Various negligent acts may result in a claim under the Jones Act. For example, claims often stem from :

• Slip and falls from an oily or greased deck
• Injuries from broken or poorly maintained equipment
• Failure to train crewmembers
• Hazardous working conditions
• Assaults by co-workers or captains

Damages in a Jones Act case mirror a typical personal injury lawsuit. As such, the law entitles plaintiffs to damages such as medical expenses, ongoing treatment costs, lost wages, and pain and suffering.

Contact a Jones Act Attorney for Immediate Assistance

Seamen who have suffered injuries because of their employer’s negligence should contact the Jones Act attorneys at Friedman Rodman & Frank. An attorney on our team can help claimants determine the best course of action to recover maximum compensation for their losses. In addition to Jones Act claims, our office handles cases involving the Defense Base Act and Longshore Act. Our attorneys have extensive experience successfully handling these complex cases on behalf of clients. We provide clients with personalized attention and strive to continuously exceed their expectations. Contact our office at 877-448-8585 to discuss your case with an experienced attorney on our team.

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