Seamen on American waters perform difficult, physically taxing jobs which deserve respect. When they’re injured, such seamen have a special protection known as the Jones Act. Seamen also may seek financial recovery via Workers Compensation, or Workers Comp, but recovery through the Jones Act can be a far better strategy.

Indeed, settlements for injured seamen under the Jones Act can be much larger than sums paid under Workers Comp. Laws on the latter vary from state to state, but largely Workers Comp covers only disability payments, medical costs and lost wages for injured seamen. Often paid through an employer’s Workers Comp insurance policy, such payments are limited and are designed to help a seaman get back on his feet and then return to his job.

By contrast, Jones Act cash settlements can be considerably bigger, especially when a seaman’s death or injury involves unseaworthiness of a vessel or even slight negligence by its owner or crew. Such negligence can be an employer’s failure to provide proper safety or medical care, or wrongdoing by crew members, which is the employer’s responsibility.

Jones Act settlements can cover past and future medical costs, pain and suffering, disability, past and future lost salary, loss of household services, and mental anguish or loss of the enjoyment of living. Such payments are made by the employer.

When a seaman dies on the job, Workers Comp may provide small weekly payments to a surviving spouse for life. Under the Jones Act, when a seaman dies, a survivor’s wrongful death claim may be made for economic and non-economic damages. The first damages include income the seaman might have provided had he lived. Non-economic damages are awarded for loss of love, companionship, affection, comfort and moral support.

Workers Comp can provide benefits for “maintenance and cure” (a daily allowance, and medical care). But Jones Act recovery goes farther. In most states, such claims must be made within three years of the date of the accident.

It’s important to distinguish between Jones Act and Workers Comp settlements, not only because Jones Act settlements can be much larger, but because filing first for Workers Comp may mean a seaman then loses his right to pursue a Jones Act claim. Seamen also should be wary of accepting a quick settlement for little money offered by their employer, which also might preclude further compensation.

Offshore oil rig workers also should keep the Jones Act in mind. They, too, may be protected.

The Jones Act supplies more protection than not only Workers Comp, but also the Longshore-Harbor Workers’ Compensation Act. That act is similar to Workers Comp, and its claims are handled by the U.S. Department of Labor.

American seamen have a long history of protection under the Jones Act, also known as the Merchant Marine Act of 1920 and named for its  author, Sen. Wesley L. Jones. If you have any questions about your eligibility as an injured seaman, contact an experienced and knowledgeable Jones Act lawyer or attorney or maritime injury lawyer or attorney with Jim S. Adler & Associates. Fill out the free case review form on this Web page, or call toll-free to 1-800-505-1414, and begin your navigation toward financial recovery.

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