Are You Protected Under the Jones Act?
Posted on Aug 25, 2015 8:45am PDT
If you work on a cruise ship, a fishing boat, an oil rig, or another vessel, you don't have the same rights as land-based workers, and you are not protected by state workers' compensation laws. However, you do have a dangerous job, and you and your family deserve protection.
This is where the "Jones Act" comes in. The Jones Act is a federal law that gives injured seamen the right to sue their employers if they are injured during the course of their employment. As an injured seamen, you cannot file a workers' compensation claim; the only way that you can pursue compensation is through the Jones Act and under maritime law.
What is considered a seaman?
A seamen is any person who performs a significant amount of their work on any kind of a ship or a boat. If you're a part-time seaman, then you must spend at least 30% of your time working on a vessel in order for you to pursue damages through the Jones Act.
Under the Jones Act, you are entitled to sue your employer for negligence. However, to recover damages, you have to prove that a fellow crew member, the owner, or captain of the vessel was negligent and that their negligence was the cause of your injuries.
Jones Act, an Employee-Friendly Law
Fortunately for seamen, the Jones Act is an employee-friendly law. An employer can be held liable for an employee's injuries under the Jones Act for various unsafe working conditions, including:
- Poorly maintained equipment
- Unsafe work methods
- Assault by a fellow employee
- Improper training of the crew
- Equipment breakages
- Grease or oil on the deck
- Co-worker negligence
If you think that you may qualify for compensation under the Jones Act, you should contact a local personal injury attorney familiar with these types of claims as soon as possible. Look through our personal injury lawyer directory to get started!