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 differs from Workers' Compensation

On-the-job injuries covered by the Jones Act are different from those covered by Workers’ Compensation or Longshore Compensation acts. If you work on a vessel described as a boat or ship, you are covered by the Jones Act.

Virtually all kinds of seamen and maritime workers are covered by the Jones Act, including those injured on ferries, shrimp boats, tankers, tugboats, barges, water taxis, trawlers, fishing boats, riverboats and offshore oil rigs. Also covered are other vessels traveling rivers, canals and the ocean.

If you spend more than 30 per cent of your time on such a vessel, to which you have a substantial connection, the Jones Act’s provisions should apply. However, if you are a contract employee who works on several vessels, you may be covered instead under other maritime law.

Maintenance and cure are rights

Regardless of fault, when a seaman is injured on a vessel, he has a legal right to “maintenance” (a daily allowance) and “cure” (medical care). These are comparable benefits to traditional benefits bestowed by  Workers’ Compensation laws.

Maintenance and cure are a seaman’s rights regardless of having or not having a Jones Act claim. A valid Jones Act claim may allow a seaman to collect a substantial award of damages along with maintenance and cure.

Injured seamen should be aware that it is in their employer’s best interest to minimize their claim to damages. This may include offering a settlement far below that to which a seaman may be legally entitled, or trying to undercut a seaman’s legal case. It is best not to rely on advice given by the employer or that employer’s designated physician, attorney or insurance company.

Seamen who are injured and may have a Jones Act claim should contact a qualified Jones Act attorney or maritime lawyer immediately. Many attorneys are unfamiliar with the complexities of the Jones Act, so it pays to research the proper attorney. Under the Jones act, the statute of limitations on recovering damages from an injury is three years, starting with the date of the injury, so prompt action is vital. A Jones Act lawyer with Jim S. Adler & Associates is ready to help you with a Jones Act claim. Contact us today for a free case review.