The Jones Act: Protecting Seamen’s Rights on Navigable Waters

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that provides protection and benefits for seamen who are injured or killed while working on vessels on navigable waters. Under the Jones Act, a seaman who is injured or killed while working on a Jones Act vessel can bring a personal injury claim against the vessel owner or employer.

Several types of personal injury claims can be brought under the Jones Act, including:

• Negligence: A negligence claim under the Jones Act alleges that the vessel owner or employer failed to exercise reasonable care in maintaining and operating the vessel, resulting in injury or death to the seaman. This can include failure to properly train and supervise crew members, maintain equipment, and provide a safe working environment.
• Unseaworthiness: An unseaworthiness claim under the Jones Act alleges that the vessel was not fit for its intended purpose, resulting in injury or death to the seaman. Issues such as defective equipment, inadequate safety measures, or improper maintenance can be involved.
• Maintenance and Cure: A maintenance and cure claim under the Jones Act is compensation for medical expenses and lost wages that a seaman incurs due to an injury or illness suffered while working on the vessel. This claim applies regardless of fault and is the vessel owner’s or employer’s responsibility.
• Wrongful Death: A wrongful death claim under the Jones Act is a claim brought by the family of a seaman who was killed while working on a vessel. This claim can be brought against the vessel owner or employer for damages such as loss of support and companionship, funeral expenses, and other related damages.
• Jones Act Employer Retaliation: A Jones Act Employer Retaliation claim is a claim brought by a seaman who has suffered retaliation from the employer or vessel owner in response to the seaman making a claim or complaint related to the Jones Act.

It’s important to note that a Jones Act claim requires the injured seaman to prove that the vessel owner or employer employed them and that the injury occurred while working on a vessel in navigable waters. The Jones Act also has a statute of limitations, a time limit within which a claim must be filed.

In the event of a personal injury claim under the Jones Act, the injured seaman is entitled to compensation for their medical expenses, lost wages, and other related damages. The seaman may also be entitled to additional compensation for pain and suffering, mental anguish, and other non-economic damages.

Injured seamen should seek legal representation as soon as possible after their injuries. An experienced attorney can help injured seamen navigate the legal process, gather and present evidence, and negotiate with the vessel owner or employer for fair and just compensation.

The Jones Act provides important protections and benefits for seamen who are injured or killed while working on vessels on navigable waters. Several personal injury claims can be brought under the Jones Act, including negligence, unseaworthiness, maintenance and cure, wrongful death and Jones Act Employer Retaliation. Injured seamen need to seek legal representation as soon as possible following an injury to ensure that they are fully compensated for their losses.

If you or a loved one have been hurt or killed while working aboard a vessel, please contact the Jones Act attorneys at Morrow & Sheppard LLP for a free consultation!