Working on the high seas is not for the faint of heart. It is filled with dangers, both expected and unexpected, that can lead to serious injury or, in some cases, death. This is precisely why the Jones Act was engineered more than a century ago. What exactly is the Jones Act?
According to the Chopin Law Firm, a Jones Act attorney in New Orleans, also known as the Merchant Act of 1920, the Jones Act is a federal law that obligated maritime employers to offer sufficient benefits and compensation to seamen who suffer injury in accidents caused by an employer’s negligence. Depending on the specifics of the personal injury. A seaman might be eligible for compensation that covers present and future medical expenses, loss of future earning ability, lost wages, plus ongoing mental and physical suffering.
Specifically speaking, how does the Jones Act help injured seamen stay afloat financially? A recent report by Justia states that in order to take advantage of the Jones Act, an injured seaman must prove eligibility for benefits.
In particular, to pursue a Jones Act claim, a maritime industry employee must spend a large amount of time contributing to the work a vessel requires. This translates into about 30 percent of all working hours. The vessel needs to be operational, capable of movement, and afloat on navigable waters. Under these conditions, all captains and crew members should qualify as a Jones Act seaman. However, administrative personnel and office workers who only visit a vessel would likely not qualify.
A seaman who is injured while on the job can recover Jones Act damages if they can prove their employer or any of its employees were negligent. It must also be proven that negligence directly causes their injuries. The damages available to personal injury victims are usually more extensive than the garden variety workers comp benefits. That said, a seaman will not only collect for lost wages, medical bills, and lost earning capacity but also for non-economic related issues such as physical and emotional suffering.
Negligence Under the Jones Act
Maritime employers are said to have a duty to keep their vessels as reasonably safe as possible for seamen to safely work on them. Negligence leads to serious problems like inadequately maintained or broken equipment, failure to address potential hazards, a dangerous lack of safety equipment and devices, inadequate crew training, and even violence among crew members.
However, negligence on behalf of the vessel owner doesn’t mean it’s the primary culprit of the employee’s personal injury. Rather, negligence must have contributed to the injuries to a measurable extent, no matter how seemingly insignificant.
Immediate Steps to Take After Falling Victim to a Maritime Injury
If you suffer a personal injury while working at sea, it must be immediately reported to your supervisor. In fact, the injury must be reported within seven days for the Jones Act to apply. Failing to adhere to the seven-day policy means the insurer will become suspect that the personal injury is not as serious as you are claiming.
An accident report must also be promptly filled out. The report will inquire about who or what caused your injury or injuries. If you fail to place fault on a coworker or an employer, you will likely face larger obstacles when it comes to pursuing a financial compensation claim under the Jones Act.
But if you place blame on your employer for your personal injury, it will create employment relationship problems. Therefore, you retain the right to state that you aren’t sure who or what was at fault so long as it’s true.
Resolution of a Jones Claim Act
Says Justia, most Jones Act claims settle outside a court of law. A seaman who’s suffered a personal injury on a working vessel should not agree to settle their Jones Act claim until they have recovered from their injury or injuries as much as humanly possible. This is known as maximum medical improvement.
Once this is achieved, the injured party will be made aware of the full extent of their Jones Act compensation to which they are legally entitled. If the injury they suffered does not prevent them from returning to their maritime duties, the seaman is not expected to settle their case until they are back on the job.
In the end, if settlement negotiations between the negligent party and the personal injury victim break down, the injured seaman will have no choice but to pursue a lawsuit in a state or federal court of law. A Jones Act lawsuit is expected to be filed within three years of the injury to legally comply with the existing statute of limitations. Any cases filed beyond the three-year window will likely be “deep-sixed” by the court system.