Jones Act Attorney

The Jones Act is a federal law which permits injured seamen to seek compensation for injuries resulting from the negligence of their employers or co-workers during the course of their employment on a vessel. An injured seaman may also make a claim against the vessel's owner, on the basis that the vessel was not seaworthy. An employer may also be liable for failing to provide a seaman with adequate medical care.

As any seaman knows, a ship can be a very dangerous place to work. The Jones Act reflects that reality of maritime work, and a seaman's employer may be liable for even a small breach of duty which contributes to a seaman's injury. This is true, even where a seaman performs dangerous work while aware of the high risks involved in the work. A Jones Act lawsuit seeks to recover damages including, as appropriate, past and future loss wages, medical and other economic damages, and compenation for pain and suffering, mental anguish, and disfigurement.

Unseaworthy Vessels

Under the Jones Act, the owner of a vessel owes a seaman an absolute duty to provide a seaworthy vessel. The mere fact that a vessel is not in imminent danger of sinking does not mean that it is "seaworthy". A vessel is seaworthy if it is reasonably fit for its intended use, is equipped with appropriate equipment and safety gear, has a competent crew, and is a safe place to live and work. Even if a vessel is seaworthy when it leaves shore, it can become unseaworthy on the basis of dangers which arise or are created during its voyage. A claim that a vessel is not seaworthy is often brought at the same time as a Jones Act claim.

Maintenance and Cure

When a seaman is injured on a vessel, regardless of who is at fault, the seaman has a legal right to "maintenance and cure". "Maintenance" comes in the form of a daily allowance, usually about $10 to $40 per day, to cover the food and shelter the injured seaman would have received aboard the vessel, had the injury not occurred. "Cure" represents the empoyer's obligation to provide an injured seaman with appropriate medical care, hospitalization, and rehabilitation services, until the injured seaman reaches maximum medical improvement. A qualified Jones Act attorney can help an injured seaman obtain the highest possible settlement of maintenance and cure claims. If an employer improperly denies maintenance and cure benefits, it may also be possible to an additional award of damages and attorney fees.

Keep in mind that you have an absolute right to maintenance and cure, apart from your Jones Act claim. If you have a valid Jones Act claim, you may be able to recover a very substantial award of damages, in addition to obtaining your full benefits of maintenance and cure.

Liability of Third Parties

Under certain circumstances, such as when a seaman's injury is caused by an employee of an independent contractor aboard a vessel, it may be possible to pursue a cause of action against that independent contractor in addition to the Jones Act claim. A qualified attorney will help an injured seaman identify all possible sources of recovery.

A Jones Act Lawyer Can Help

An experienced Jones Act attorney can assist injured seamen with their injury claims, and maximize their recovery of maintenance and cure. For cases where a seaman is killed, if apporpriate, a Jones Act attorney may also seek damages under the Death on the High Seas Act. Maritime workers who are not seamen may be eligible for compensation under The Longshore and Harbor Workers' Compensation Act.

An injured seaman or maritime worker should always seek out an experienced lawyer when attempting to settle a claim. Determining a seaman's legal rights and maximizing recovery can be complicated, and lawyers unfamiliar with this area of the law can leave their clients with inadequate settlements.

CAUTION: An injured maritime worker should always consult with a qualified Jones Act lawyer before settling a claim with an employer. It is rare that an employer will offer an unrepresented maritime worker a fair settlement, and it is common for employers to try to take advantage of the desperate financial situation an injury can create for an injured seaman and the seaman's family.

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