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.

Once such example happened in August, 1998. A 42-year old tugboat pilot working on an inland barge worked from midnight to 6am, and then again from noon the same day to 4pm. After this long double shift, the supervisor gave the pilot a rental car for the trip home – a six-hour drive. While on the road, a passing car splashed water onto the windshield of the car, temporarily blocking his view of the road. The car left the highway, struck a bridge support, and slid down an embankment. The tugboat pilot suffered a concussion, retinal damage, and a herniated disk.


After receiving laser surgery for his eye and care for his other injuries, medical bills approached $27,000. He was also unable to continue working as a pilot for three years after the accident due to his injuries. To make ends meet, he went back to an $8 per hour job working in a casino.

 

The pilot sued the barge company under the Jones Act, claiming that the company failed to provide safe passage home. Normally, the pilot had a driver to take him home after a shift. Further, because he had to return the car to the rental agency and therefore was still working, he worked about 16 hours in a 24-hour period, four more than is allowed by the act.

 

In the end, the tugboat pilot and the barge company settled on a $175,000 compensation package, plus medical expenses and maintenance.

 

If you have been injured while working on a ship, or while conducting business for a shipping company, you may be entitled to compensation under the Jones Act. However, the act is quite complicated and puts even more burden of proof on the victim. You need a legal team with a solid background in Maritime Law to back you up. You need Jim S. Adler & Associates. Contact us for a free case assessment, either by calling us directly on our toll free line at -800-505-1414, or by clicking the link on this page.
 

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