How the Jones Act and Seamen's Injury Claims Work
Working at sea is unlike most other professions. Seamen often face dangerous working conditions, work with heavy equipment, experience rough weather, deal with slippery decks, and have long work hours. All of this can be a perfect storm for serious injuries.
While most workers on land are protected by workers compensation laws following a workplace accident, maritime workers are covered by federal maritime laws.
There are general maritime laws, but one that is very important for seamen and their families to know about is the Jones Act. This is a type of workers compensation system for seamen that gives certain injured seamen the right to seek compensation from their employers when negligence contributes to the injury. Unlike a traditional workers comp system, the Jones Act often allows a injured worker to recover a larger range of damages, including compensation for physical pain and mental suffering.
If you or a family member works on a vessel and you have been injured while doing your job, knowing how the Jones Act and seamen's injury claims work is extremely important.
What Is the Jones Act?
The Jones Act is a federal law that gives qualifying seamen the right to file a claim for negligence against their employer if they suffered a work-related injury.
Unlike a traditional workers compensation system, the Jones Act allows a person who was injured due to an employers negligence to seek compensation, including medical expenses and future medical expenses. In the case of a death, families can possibly file wrongful death claims.
The Jones Act is based on negligence, which is different than traditional workers compensation. This means that proof is extremely important, and to get compensation, the injured seamen must prove that employer negligence, crew members, or unsafe working conditions contributed to the accident.
Because a Jones Act lawsuit can be complicated, it's very important to speak with an experienced Jones Act attorney to see if you have a case. They can assist with how to get more money from a car accident settlement.
Who Qualifies as a Seaman?
All seamen are maritime workers, but not all maritime workers are seamen. This is important when determining who qualifies for protection under the Jones Act.
Generally, the Jones Act provides protection for those who work upon a vessel and contribute to the mission of the vessel. It does not cover land-based employees. People it may cover include:
Deckhands
Captains
Mates
Engineers
Commercial fishermen
Tugboat crew members
Barge workers
Ferry employees
Offshore vessel crew members
Some maritime workers, such as longshoremen and harbor workers, are covered under different federal laws instead of the Jones Act, like the Harbor Workers Compensation Act. Sometimes the Jones Act is referred to as the Merchant Marine Act.
Common Causes for Injured Seamen to get Hurt on the Job
Working on or around sea vessels is hazardous, and this type of employment can lead to serious injuries.
Some common causes of maritime accidents include:
Slippery decks
Falls overboard
Equipment failures
Unsafe lifting practices
Defective machinery
Poor vessel maintenance
Fires and explosions
Falling cargo
Inadequate training
Fatigue caused by long work hours
In many cases, accidents occur because proper safety procedures were not followed or dangerous conditions were allowed to exist by the vessel owner or manager. tom Fowler Law can also assist with questions such as what if my accident injuries don't show up right away?
Common Injuries Covered by the Jones Act
Maritime accidents can result in injuries ranging from relatively minor conditions to catastrophic, life-changing disabilities.
Common injuries include:
Broken bones
Back injuries
Neck injuries
Shoulder injuries
Knee injuries
Traumatic brain injuries
Spinal cord injuries
Severe burns
Crush injuries
Amputations
Because medical treatment may require lengthy recovery periods, injured seamen often face significant financial challenges while they are unable to work.
What Must Be Proven in a Jones Act Claim?
Unlike workers' compensation claims, Jones Act cases require proof that negligence contributed to the accident.
Examples of negligence may include:
Failing to maintain equipment
Providing inadequate safety training
Hiring unqualified crew members
Requiring unsafe work practices
Ignoring known hazards
Failing to provide adequate supervision
Violating safety regulations
One unique feature of the Jones Act is that the injured worker generally has a lower burden of proving causation than in many other personal injury cases. If an employer's negligence contributed to the injury in any meaningful way, liability may exist. For more information, our injury attorneys in Des Moines may be able to help.
What Is an Unseaworthiness Claim?
In addition to a Jones Act claim, an injured maritime worker may also have a claim based on the vessel's unseaworthiness.
A vessel may be considered unseaworthy if it is not reasonably fit for its intended purpose.
Conditions that may support an unseaworthiness claim include:
Defective equipment
Unsafe decks
Missing safety devices
Improperly trained crew
Faulty machinery
Inadequate staffing
Unlike a Jones Act negligence claim, an unseaworthiness claim focuses on the condition of the vessel itself rather than the employer's conduct.
Many injured workers pursue both types of claims when appropriate.
What Is Maintenance and Cure?
Another important protection available to many injured seamen is known as maintenance and cure.
Maintenance refers to the daily living expenses an injured seaman incurs while recovering away from the vessel. This may include reasonable costs such as housing and food.
Cure benefits refers to payment for necessary medical treatment until the worker reaches maximum medical improvement.
Maintenance and cure payments are generally available regardless of who caused the injury, provided the injury occurred while the seaman was serving the vessel.
Disputes sometimes arise over whether payments should continue or whether the worker has fully recovered.
Financial Compensation Available Under the Jones Act
If a Jones Act claim is successful and an employer's negligence played a role, an injured worker may recover compensation for a variety of damages.
Depending on the circumstances, these may include:
Medical expenses
Future medical treatment
Lost wages
Reduced earning capacity
Pain and suffering
Emotional distress
Permanent disability
Physical impairment
The value of a claim depends on factors such as the severity of the injury, the extent of medical treatment, and how the injury affects the worker's future employment.
Evidence That Strengthens a Jones Act Claim
Like any personal injury case, evidence plays an important role in proving liability.
Helpful evidence may include:
Accident reports
Maintenance records
Photographs of the accident scene
Witness statements
Medical records
Vessel inspection reports
Safety manuals
Employment records
Promptly reporting an injury and preserving evidence can significantly improve the strength of a claim.
Challenges in Seamen's Injury Cases
Jones Act claims are often more complex than ordinary workplace injury cases.
Employers or their insurers may argue that:
The worker was responsible for the accident.
The injury was pre-existing.
The worker does not qualify as a seaman.
The accident did not occur during the course of employment.
The injuries are less severe than claimed.
Because maritime law differs from state personal injury law, these cases often involve unique legal issues that require careful investigation.
Why a Jones Act Attorney Matters
Employers in the maritime industry and their insurance companies often begin investigating accidents immediately after they occur. They may collect statements, inspect the vessel, and review maintenance records before an injured worker fully understands the extent of their injuries.
An attorney experienced in maritime injury claims can help protect your interests by investigating the accident, preserving critical evidence, consulting with experts when necessary, and negotiating with insurers on your behalf. If a fair settlement cannot be reached, your attorney can pursue your claim through litigation.
Tom Fowler Law has Jones Act lawyers available to help seamen who have been injured due to the negligence of their employer. Reach out today for a free consultation.