Recovering Damages Under the Jones Act

Various statutes govern maritime conduct; however, the Jones Act is a critical federal statute to those who have suffered injuries during the regular course of their employment. Unlike land-based workers, neither federal nor state workers’ compensation applies to sailors and seamen. However, the Jones Act addresses this fundamental inequity, and the law gives sailors and seamen an avenue to seek relief for damages they suffered because of their employer’s negligence. This is crucial because seaman, sailors, and offshore oil and gas workers often encounter significant hazards because of their occupation.

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.