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Contact a Jones Act lawyer today

If you or a loved one has suffered an injury due to another's negligence while working on an offshore oil rig, a cruise ship, a tanker or any other kind of vessel or boat upon waters, there's a good chance you are protected under the Jones Act. Also known as the Merchant Marine Act of 1920, the Jones Act protects seamen's rights and well-being while regulating maritime commerce on America's waters.

Prior to creation of the Jones Act by sponsoring Sen. Wesley L. Jones of Washington state, seamen's rights had been informally recognized, but the Jones Act established formal protections for seamen. Those protections allowed seamen to seek and collect financial damages from their employers due to negligence by the ship's captain or crew, as well as by the ship's owner. Such negligence could be traced to defective equipment or other dangerous working conditions, as well as to inefficiency on the part of crew members or the ship's captain.

The Jones Act covers a wide array of seamen's occupations and places of work. They include protection for workers on offshore oil rigs, drilling rigs or production rigs, as well as water taxis, tugboats, barges, charter boats, private yachts, cruise ships, tankers, riverboat casinos, shrimp boats, trawlers and fishing boats.

Occupations on such vessels, which are covered by the Jones Act, also include but are not limited to roustabouts, deck hands, oiliers, drilling mud crews, welders, welder helpers and platform superintendents for offshore rigs. Other occupations covered include painters, cleaners, crane operators, derrick hands, pump operators and drilling rig tool pushers on offshore oil rigs.

When such workers suffer injury on the job, they are entitled to seek financial compensation for their loss. Such compensation can cover past and future medical expenses, past and future loss of wages and maintenance and cure for sea workers.

Jones Act cases can be complex

Just as working on water can be filled with hazards and difficulties, handling a Jones Act case can be very demanding and complex. That's why it's imperative that you secure a skilled and expert Jones Act attorney to act on your behalf. Jim S. Adler & Associates has the experience and abilities to carry forward such cases in the legal realm. Contact Jim S. Adler & Associates today for a free case review and begin the process of your recovery with a Jones Act lawyer.

Work-related or on-the-job injuries covered by the Jones Act may be different from those covered by Worker's Compensation or Longshore Compensation acts. The latter acts do not necessarily cover injuries suffered on board a boat or a ship. The Jones Act does cover such injuries for seamen and maritime workers, whether they are working on the ocean, rivers or canals.

In fact, if you spend at least 30 per cent of your work time on board a boat or ship on such waters, and you have a substantial connection to such vessels, you should be covered by the Jones Act. This means you can collect damages along with maintenance and cure. Maintenance refers to a daily allowance, and cure signifies medical care.

A Jones Act lawyer can protect your rights

An injured sailor or seaman also can seek damages beyond medical and maintenance, including pain and suffering. If the negligence which caused the seaman's injury was attributable to unsafe working conditions or procedures or to an unsafe vessel, the Jones Act allows that this seaman "at his election" can "maintain an action for damages at law, with the right to trial by jury."

But having the Jones Act as protection does not solve all of a seaman's problems. A seaman who is injured and covered under the Jones Act should be alert to the fact that his employer may try to minimize or undercut his loss in order to reduce or avoid paying damages. An employer may offer a quick but small financial settlement in order to avoid paying a far greater amount should the case be tried in court and then argued under the Jones Act. It is in the seaman's best interests to resist accepting such a settlement, which is likely to be far less than that to which the seaman is legally entitled to receive.

Seamen also should be wary of any advice or directives given to them by a lawyer, physician or insurance company representing their employer. Such advice or directives are unlikely to bolster a seaman's case, but instead could undercut the case.

Instead, a seaman should contact a skilled Jones Act lawyer immediately in order to ensure protecting his own best interests. A seaman also should keep in mind that not every attorney or law firm is thoroughly acquainted with the Jones Act, which makes it vital to contact an experienced Jones Act lawyer. Offering a free case review, Jim S. Adler & Associates has such Jones Act lawyers who are ready and able to help.

DISCLAIMER: The law firm of Jim S. Adler & Associates, located at 3D/International Tower, 1900 West Loop South, 20th Floor, Houston, Texas 77027, is licensed to practice law in the state of Texas. Even so, the law firm also works in conjunction with outside attorneys and local lawyers to litigate claims in other states as needed. Those states include:

Jim S. Adler & Associates also has offices at City Place Building, 2711 North Haskell Ave., Suite 2100 LB40, Dallas, Texas 75204-2887; Bank of America, 12605 East Freeway, Suite 400, Houston, Texas 77015-5619 (serving Channelview, Texas); and San Pedro Plaza, 7330 San Pedro Ave., Suite 700, San Antonio, Texas 78216-6237.

JONES ACT ARTICLES...

Contact a Jones Act lawyer today

If you are a seaman, you should be aware of the Jones Act. It was passed decades ago to protect the rights of seamen who suffer injury due to hazardous jobs on ships and in other maritime capacities. The Jones Act is dedicated to protect the rights of seamen and also to protect U.S. interests within its own waters, and to ensure that the nation can maintain a fleet of merchant ships.

Jones Act - injured seamen - damages - legal compensation

Jones Act protects injured seamen with legal compensation

Americans tend to think in terms of “keeping up with the Joneses.” For seamen, the Jones Act has helped them keep up with financial survival for almost 90 years.

The Jones Act is a common term for the Merchant Marine Act of 1920, a federal law so nicknamed because it was sponsored by Sen. Wesley L. Jones of Washington. Besides regulating maritime commerce, the act has provisions protecting seamen’s rights.

The Jones Act enables a seaman to get compensation for injuries caused by the negligence of employers or co-workers, as well as for a vessel’s lack of seaworthiness. If a seaman is killed, damages can be sought under the Death on the High Seas Act.

Jones Act protects the rights of maritime workers

A maritime accident can expose seamen and oil rig workers to severe sickness, injury, loss of income and death. Victims may lose the ability to work for extended periods, leaving them unable to provide for their families. The Jones Act is a federal law that protects those who have been injured at sea. Workers hurt on a Gulf Coast Rig, for example, can seek restitution under the Jones Act through a Texas personal injury lawyer.

Rare onshore Jones Act suit settled

Generally speaking, the Jones Act of 1920 protects seamen who are injured during the course of their work. The act guarantees lost wages and medical benefits, and also clearly sets out that if the accident was a result of negligence, the seaman may seek compensation for damages.

However, what is not clearly stated is such basic terms like what is a "seaman" and what is a "vessel." To complicate matters further, the wording of the act has resulted in many court battles to decide whether the term "in navigation" means that the vessel must be moving at the time of the accident. Not every worker at sea is considered a "seaman" and although such cases are rare, a "seaman" does not have to be at sea to claim a Jones Act accident.

Attacks on Jones Act protected by the Maritime Cabotage Task Force

Section 27 of the Maritime Merchant Act of 1920, more commonly referred to as the Jones Act, ensures that the United States supports and maintains a domestic merchant marine fleet. Cabotage laws have been in effect in one form or another since the 18th century. By decreeing that all domestic transportation of goods by sea or inland waterways is provided by U.S. owned and operated ships, it guarantees that there will be a strong and thriving domestic merchant marine. This is vitally important in times of war, when this “fourth arm of the military” is called upon to help defend U.S. interests.

Landmark case simplifies Jones Act – somewhat

The Jones Act of 1920 was an act of Congress designed to protect the U.S. from the use of foreign ships in domestic transport, and to protect seaman from the “dangers of the sea” both inland and along the United States coast. One of the many stipulations of the Jones Act is that a seaman may hold the owner of a vessel liable for medical bills and additional compensation for pain and suffering. This is much different than the Longshoreman’s Act which severely limits the amount of compensation a land-based worker can receive from his or her employer.

What is the Jones Act?

The Jones Act, enacted by Congress in 1920, governs domestic shipping with a uniform set of federal laws to regulate all shipping activities. Among other things, it states that ships must be built in the United States, owned by U.S. citizens, be documented under U.S. law, and be operated by no less than 75% American crew members. Also known as the Merchant Marine Act, it is a type of cabotage law that is designed to increase national security, protect domestic jobs, and give the federal government full control over domestic shipping.

Are offshore oil rig workers covered under the Jones Act?

The Jones Act, officially called the Merchant Marine Act of 1920, protects seamen injured on inland boats and barges and ocean-going vessels. Not to be confused with Workers’ Compensation, it does function in a similar way. Under the Jones Act, the employer covers all medical benefits of the seaman until full recovery and allows a living allowance (called maintenance) to replace lost wages. The Act also gives an injured seaman the right to pursue legal action against the employer for pain and suffering.