Mark & Associates, P.C. Attorneys At Law

Jones Act: Protecting Seaman Injured on the Job

If you are a seaman and have been injured while working, you are likely eligible for compensation under the Jones Act (also called the Merchant Marine Act of 1920). In order to file a claim under the Jones Act, it is important to speak with a qualified maritime and admiralty lawyer as quickly as possible following your injury. Mark & Associates, P.C. represents injured seamen and maritime workers across the nation and is available 24 hours a day, 7 days a week to discuss your case.

Am I Covered Under the Jones Act?

The Jones Act generally protects workers on cargo ships, oil drilling rigs, crew boats, barges, transportation boats, and dredges. The Jones Act not only protects the members of a crew, but the masters of that crew as well. The law applies to anyone who has a connection that is both substantial in nature and duration to a specific vessel, or to a fleet of vessels, and whose duties contribute to the function or mission of that vessel or fleet. The Jones Act covers injuries that occurred at sea as well as injuries which occurred while in transport to a vessel or while a vessel was docked.

Seaman Status

Your injury is covered under the Jones Act if you meet the criteria to be classified as a seaman. To be a seaman under the Jones Act, you must meet the following criteria at the time of your accident:

• work at sea more or less permanently
• be assigned to a vessel or fleet of vessels
• work on a vessel that is still in navigation

More or Less Permanently

The 'more or less permanent' requirement is generally interpreted to mean that a "seaman" must have spent at least 30% of his/her time on a vessel at the time the injury occurred. Again, even if your accident occurred on land or while the vessel was docked, you may still be able to file a claim under the Jones Act.

Vessel or Fleet of Vessels

What constitutes a vessel under the Jones Act is quite broad. Traditional boats that clearly navigate waterways like cargo boats, tug boats, crew boats, drilling ships, transportation vessels, and supply boats clearly fall under the vessel requirement of the Jones Act. Workers on other types of vessels may also fall under the Jones Act depending on the circumstances in which the boats are being used.

In Navigation

The Jones Act requires that a vessel be "in navigation." This doesn't mean the vessel actually has to be moving at the time the injury occurred. Instead, "in navigation" means that the vessel is operating and capable of moving. Vessels that are dry docked or out of service are not covered under the Jones Act.

What Damages May I Receive?

If you are a seaman who was injured on the job, you may be eligible under the Jones Act to receive financial compensation for a variety of damages, including what the law refers to as "maintenance" and "cure." The Jones Act covers:

• Your living expenses while you are off work due to your injury (maintenance)
• Medical treatment, medications, and rehabilitation (cure)
• Vocational training for a new job if your injury prevents you from returning to your previous job.

Negligence & Unseaworthiness Claims

Many Jones Act claims involve an employer's negligence and vessels that are unseaworthy. A vessel is unseaworthy if it is not properly built or maintained, thereby creating an unsafe working environment for the crew. Slippery decks, instability in high seas or dangerous ocean conditions, and a lack of proper safety equipment on board can make a vessel unseaworthy. Slip and fall accidents, back injuries, and other work-related injuries are commonly caused by the unseaworthiness of a vessel. Employers may also be negligent, or careless, for failing to provide reasonably safe working conditions for their crew members.

Get a Free Legal Consultation Right Now

If you or a loved one is a seaman who has been injured while working on a ship, Mark & Associates, P.C. knows that you may have many questions. We are available around the clock, 7 days a week, to answer your questions and to provide a free, immediate legal consultation. You can contact us anytime by submitting a consultation form on our website or by calling 1-866-50- RIGHTS (1-866-507-4448).