Jones Act
The Jones Act (also known as the Merchant Marine Act of 1920) gives injured seamen the right to sue their employer for compensation, when employer negligence causes.
In addition, the general maritime law gives seamen the right to sue the vessel owner when an unsafe condition or work method (called unseaworthiness) aboard the vessel causes injury. Compensation is available for pain and suffering, past and future lost wages and past and future medical expenses. Seamen are also entitled to a no-fault remedy called “maintenance and cure”. Maintenance is a daily stipend intended to replace the value of room and board on the ship. Cure is the medical care reasonably necessary for the seaman to achieve “maximum cure”.
Jones Act and unseaworthiness claims are different than workers compensation claims because an injured seaman must prove employer or ship owner fault to be entitled to benefits. There are, however, benefits available under the Jones Act that are not available from workers compensation, such as damages for pain and suffering. As a result, the value of a Jones Act claim is often much higher than the value of a comparable workers compensation claim. Maintenance and cure is ordinarily the only benefit available to an injured seaman without proving fault.
JONES ACT EMPLOYERS OWE CREW MEMBERS A SAFE PLACE TO WORK
Employers are responsible for protecting seamen from injury by properly training their crew and putting into place safety procedures and policies plus have their vessels comply with all safety regulations. The duty to provide a safe place to work includes a safe way to come aboard and leave the ship, as well as a safe route to any workplace aboard the vessel.
A ship owner has an absolute duty to furnish seamen with a safe and seaworthy vessel. If a defective condition causes a seaman’s injury, the ship is unseaworthy as to him, no matter how sound or staunch she may be in every other respect. This duty is absolute and cannot be delegated to others. The duty to provide a seaworthy vessel “is a continuing duty and the vessel and its appliances must be maintained in a seaworthy condition throughout the course of the voyage.”
The most obvious situations of unseaworthiness involve defects in a ship’s structure, machinery, equipment, tackle and gear, the failure of which is the proximate cause of the injury. Typical examples include a parted mooring line or a collapsed deck crane. It has also been held, however, that an unsafe work method which causes injury constitutes unseaworthiness of a vessel. An example would be requiring seamen to “mule haul” heavy equipment across deck that could be moved with the ship’s gear.
The Jones Act and general maritime law apply to illness caused by negligence or unseaworthiness. Examples include mesothelioma caused by asbestos exposure and leukemia caused by benzene exposure.
Workers who may be covered under the Jones Act include merchant seamen, tug boat crew members, tankerman, barge workers, commercial fishermen and fish processors, marine construction workers and off shore supply and service boat crews. On a cruise ship — bartenders, cruise directors, waiters, stewards, and entertainers are also eligible for the Jones Act compensation. Even a card dealer or a cook on a river boat cruise may be eligible to get compensation.
IF YOU'VE BEEN INJURED
If you, your spouse or a loved one has been injured, become ill or has suffered wrongful death which is in any way related to work on a vessel– you may be eligible for compensation under the Jones Act.
Employers and ship owners know the law, and have their lawyers and investigators at the ready to protect their interests. What will you do when an injury occurs, or an illness is diagnosed? Where can you turn to find out about your rights 24 hours a day, seven days a week? How can you talk to a lawyer whose focus is maritime injury law? How will you get the help you need, when you need it, without any cost or obligation?
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