The Jones Act, also known as the Merchant Marine Act of 1920, protects U.S. maritime workers in the event of injury or illness while on the job. For compensation, a maritime worker must qualify as a “seaman.”
A seaman is a person who spends 30% of his working time aboard a vessel in navigable waters and whose role aboard the vessel contributes to the mission of the voyage. Examples of a seaman may include:
Fishermen
Licensed Mariners
Unlicensed Mariners
Mates
Tankermen
Deckhands
Mechanics
Stewards
Cooks
Pilots
Yacht Crew
The Jones Act requires a vessel owner to provide its seamen with a reasonably safe place to work and use ordinary care under the circumstances to maintain and keep the vessel in a reasonably safe condition. The Jones Act burden of proof has been said to be "feather-weight," meaning that almost any unsafe condition on a vessel, however small, may lead to liability for an injury under the Jones Act.
Examples of qualifying conditions may include:
Slippery substances on deck
Poorly maintained equipment
Improper equipment
Inadequate training
Failure to require the crew to follow safe work methods
Mariner Law, PLLC can help you understand the various claims that may be available to you under the Jones Act, including:
Pain and Suffering Claims – which may include physical and mental pain and suffering.
Lost Wage Claims – which may include present lost wages, reduced future earning capacity, and loss of future earnings.
Medical Cost Claims – which may include present expenses as well as anticipated future medical expenses.
Wrongful Death – which may provide a seaman’s family with financial support such as lost wages, pain and suffering, medical expenses for the seaman prior to death, funeral expenses, and special costs associated with dependent children.
The Jones Act is an important federal statute for mariners injured on the job. If you are a seamen injured in the course of your employment at sea, the Jones Act gives you the right to sue your employer for negligence. But what is negligence under the Jones Act? Simply stated, the Jones Act requires a maritime employer to provide seamen with a reasonably safe place to work. That means the employer must use care to maintain and keep its vessel in a reasonably safe condition under the circumstances.
Jones Act negligence is a power claim. Unsafe conditions on a vessel, no matter how small, may result in liability against a maritime employer. Some unsafe conditions that may lead to a finding of negligence under the Jones Act include:
Grease or oil on the deck
Improperly maintained equipment
Failure to provide the crew members with the proper equipment for them to do their work
Failure to properly train the seaman or the crew
Failure to require the crew to follow safe work methods
It’s always best to speak with a seasoned admiralty lawyer about statutes of limitation for a Jones Act injury claim. However, the statute of limitations under the Jones Act is typically three years from the date of injury.
You might be wondering—why is there a statute of limitations for Jones Act claims? Statutes of limitations are common under the law. As time goes by, witness memories fade and evidence deteriorates. This makes proving a case gradually more difficult for injured seamen. So when should you contact a maritime attorney after a workplace injury? As fast as possible.
The Jones Act is a specialized statute, so making a claim for Jones Act negligence is best handled by an experienced Jones Act lawyer. That’s where Mariner Law, PLLC can help. Maritime lawyer Adam Deitz is both a licensed mariner and an accomplished attorney. Please call (253) 600-2531 now for a free consultation in your Jones Act negligence case. The firm serves injured mariners from coast to coast, specifically including Washington, Oregon, Alaska, New York, and Connecticut.