If you get hurt on the job, you typically file for workers’ compensation. But for the men and women working at sea, the rules are entirely different. The Jones Act is a critical federal law that provides unique protections and rights to injured seamen, going far beyond standard compensation.
This blog post will guide you through the essentials of the Jones Act: who it protects, what it covers, and the powerful legal recourse it provides when an employer’s negligence leads to injury.
Jones Act Negligence
Negligence aboard a vessel can occur in many ways. The ability to file a lawsuit based on negligence requires a seaman to prove a duty of care was owed to them by their employer, vessel owner, or fellow crewmember. This duty was breached, producing an unsafe work environment, and their injuries were a direct result of this breach of duty.
Under the Jones Act, there is a reduced causation standard. This means that if the employer’s negligence played any part in the injury to the seaman, no matter how small, even if other acts or a combination of acts from some other cause occur, the employer is fully liable.
Maritime negligence may look like the following:
- Inadequate safety training and equipment
- Lack of a safe working environment
- Improperly maintained vessel
- Ignoring hazards and conditions that have been brought to the attention of the responsible party or parties
- Ignoring safety standards and regulations established by the maritime industry
- Providing improper medical care during transportation after an injury occurs
Who The Jones Act Covers
If your job description is a seaman and you are injured during work while on a vessel that is in navigation, then the Jones Act will apply to you. This Act will apply to workers employed on offshore vessels and most individuals working on ships that navigate inshore waters performing work with the goal of maritime commerce. These individuals can include:
- Captains
- Engineers
- Boatswains
- Deckhands
- Cooks
- Mates
- Bosuns
- Roughnecks
- Able Bodied Seamen
Their work must connect them to a specific vessel or fleet under common ownership. They serve as part of the ship’s functioning body or mission with work relating to the vessel’s navigation, operation, and / or maintenance. Their work will generally require them to spend at least 30% of their work hours onboard the vessel.
The Jones Act generally does not cover workers working on fixed rigs or platforms or workers whose jobs are based at docks or shipyards, who on occasion go on board a vessel. However, these workers may have the ability to file a third-party case against a party other than their own employer to recover additional financial compensation for their work-related injuries.
Jones Act Damages
Maintenance and cure is a no-fault compensation mechanism for injured offshore workers that compensates them for their costs of daily living and their medical expenses. We have also covered that injured seamen can secure fault-based compensation by filing a Jones Act lawsuit against an employer. In contrast, most workers’ compensation claims in Texas do not permit employees to file a lawsuit against their employer, limiting the amount of damages they can recover.
An injured seaman may also be able to recover the following damages in a Jones Act Lawsuit:
- Lost wages and loss of earning potential: Any wages that were uncompensated because of injuries can be claimed, including lost wages due to impairments or disabilities
- Pain and suffering
- Permanent disfigurement and disability
- Punitive damages
Jones Act Lawsuit Statute of Limitations
Generally speaking, a lawsuit must be filed within three years of the accident date for injuries covered under the Jones Act. Failing to file before the deadline will likely result in your lawsuit being dismissed, preventing your opportunity for compensation. Few exceptions apply – and some exceptions make the timeline shorter – and it is always best not to put off filing.
Lawsuits can be settled out of court, but missing the filing deadline severely limits the options of an injury victim. It can also compromise evidence in a case.
Memories of an adverse incident often become distorted as time passes, making it more difficult for the victim and witnesses to portray the events that occurred accurately. The lawyers of Dax F. Garza, P.C. work to preserve evidence of your maritime injury claim, including personal and witness testimony.
If you have more questions about the Jones Act or an injury on the job, contact our maritime accident attorneys today to set up a free consultation.
Protections Available for Maritime Workers Under the Jones Act
Facing grueling challenges daily requires attentiveness, quick thinking skills, and the ability to maneuver complicated systems and machinery. If an experienced and high paid seaman is injured on the job, these crucial occupational skills may be temporarily or permanently damaged, affecting the earning capacity of the victim for a time or even forever.
Offshore workers, particularly, may face confusion about coverage after an injury, making an already overwhelming situation more complicated and more stressful. The type of work and where you are when an injury occurs play a significant role in an individual’s compensation after an offshore accident. A maritime injury attorney can work with injury victims to discuss what type of coverage they qualify for.
Legal Impact of the Jones Act
Injured workers will be forced to interact with the insurance company in addition to or even instead of their employer, making navigating the offshore injury claim process challenging. The applicable insurance does not influence your legal rights, allowing you to receive maintenance and cure benefits until you have reached maximum medical improvement or complete recovery.
Also, if your injuries occurred due to unseaworthiness, your rights to file a lawsuit for negligence under the Jones Act remain intact.
Maritime Maintenance
Seamen who are injured while working are allowed a specific compensation amount as a daily living allowance to cover basic needs until the completion of medical recovery. This benefit is called “maintenance,” and it is granted whether or not the employer was responsible for the offshore injuries. These needs include food, utilities, clothing, and transportation.
Cure Payments for Maritime Injuries
Medical expenses that result from work injuries are covered by “cure” payments and should be compensated by the employer. These expenses can be any bills associated with the hospital stay and doctor’s visits, medications, testing and surgeries, medical equipment, and transportation for medical appointments.
Transportation and Wages
When seamen are injured during navigation, it often requires them to stay on the vessel until returning to port. An employer will also financially cover transportation and wages for the injured worker even when they cannot work.
