What is the Jones Act?
There is a lot of controversy surrounding the Jones Act because it has a huge impact on maritime trade. Critics claim that it’s outdated and even dangerous, and there have been changes to it over the years. But it is important for maritime workers.
The Jones Act is also known as the Merchant Marine Act of 1920. The main point of the Act is that it regulates commercial activity between U.S. ports. Under the Jones, Act, every ship transporting goods from one U.S. port to another must be built in the U.S. must fly the American flag, must be owned by U.S. citizens, and must have a majority of American crew (at least 3/4). This wasn’t the first act of its kind and was thought to be important for American security.
There are important legal consequences of the Jones Act for employers and employees. Most importantly, the Jones Act provides important protections for those working on the ships. The Federal Employer’s Liability Act (FELA) applies to those on the ships, and injured parties can ask for jury trials. Injured seamen can claim damages for current injuries and future treatment.
Who is Covered Under the Jones Act?
The definition of a seaman under the Act is broad, with the potential to cover almost anyone involved. There must be a significant relationship to one of the ships, and the courts will consider the nature of the relationship and how long the relationship has lasted. The employee must work with the ship at least 30% of the time. Examples of those who are covered include sailors, divers, mechanics, pilots, drillers, and cooks. However, students, sailing school instructors, and scientific personnel are not included.
Rights and Protections Provided by the Jones Act
Right to Compensation
Workers will be eligible for compensation for any injury caused by employment. This can include broken bones, burns, and other kinds of injuries. Injuries can be caused by anything from falling overboard, slipping and falling, fires, explosions, lifting, exposure to dangerous chemicals, and collisions with other boats or objects. If your employer’s negligence caused your injury, you may be eligible for compensation.
Negligence Claims
Negligence is when someone who owes a duty fails to take reasonable care. This often happens when employers fail to maintain equipment or take care of hazards as soon as they become known. Negligence also occurs when employers fail to adequately train their employees.
Maintenance and Cure
Maintenance and cure is a maritime law obligation. This is a no-fault benefit, meant to encourage employers to take care of their duties promptly. With maintenance and cure, employers take care of injured and ill seamen immediately, without considering fault.
Filing a Claim Under the Jones Act
Steps to Take After an Injury
It is important to act immediately after an injury. First, report the injury, even if you think it is minor. Failure to report the injury right away can make it harder to prove causation later. You may also face arguments that the injury is not serious. Even if you fail to report immediately, you must make a report within 7 days. Don’t worry about blaming your employer when you fill out the report; it is important to be honest.
Gathering Evidence
If possible, take photos of the area where you were injured and collect the names of any witnesses. See a doctor as soon as possible and keep all your medical records together.
Legal Process
Because of the unusual situation, you can file a claim in federal or state court. There is a time limit, though, and you will need to file your claim within 3 years of the injury. When your Jones Act lawyer files a claim on your behalf, you can ask for all reasonable damages, including medical bills, ongoing treatment, time lost from work, pain and suffering, and anything else your injury cost you.
Common Challenges and How to Overcome Them
Proving Negligence
Similar to other negligence claims, there are 4 elements to a negligence claim:
- There must be a duty of care owed to the employee.
- There must be proof that duty was breached and that
- the breach caused the injury.
- You also need to prove actual injury or damages.
The hardest part to prove is usually causation. The question is: Would the injury have occurred without the employer’s negligence? This is where it becomes so important to collect all possible evidence.
Dealing with Employers and Insurance Companies
Even if you have a good relationship with your employer, they will have their own best interests in mind. Insurance companies are notorious for trying to pay as little as possible on a claim. Don’t agree to anything before you speak to an attorney, because you need to protect your rights.
Conclusion
The Jones Act protects seamen who are injured as part of their employment. If you are a seaman who was injured on the job, make sure you get the care you deserve. Seek legal advice right away so you don’t give away any of your rights.
We understand how stressful it is to deal with a work injury and how that injury impacts every area of your life. Please feel free to ask for a free case evaluation at Ledger Law or call (800) 300-0001 today.
