The Jones Act, also called the Merchant Marine Act of 1920, is a federal law that provides maritime workers with the right to sue their employer or other crew members for negligence. If you are a seaman and are hurt while on the job, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
Discover how to qualify for Jones Act compensation by talking to the skilled maritime accident attorneys at Kopfler and Hermann. Whether your captain acted carelessly or your vessel was not seaworthy, here is how you can qualify for help through The Jones Act.
Because The Jones Act offers legal protections to those who suffer injuries while working aboard, an individual must prove that they are eligible for compensation. The first step is to determine if they meet the legal classification of “seaman.” This term is not limited to traditional jobs, like sailor or deckhand. If someone spends at least 30 percent of their work schedule operating in navigable waters on a moving vessel, they may qualify for compensation.
An injured seaman can only qualify for compensation under The Jones Act if the vessel they are working on is “in navigation.” That means that the boat must be U.S. built and crewed, while operating in commerce or transportation on navigable waters between U.S. ports. If a worker was injured while the vessel was in dry dock for repairs, protection under this law may not apply, as the ship must be underway at the time of injury.
The Jones Act does not cover everyone who works in the maritime industry. To qualify for compensation, a seaman must be responsible for the ship’s operation or mission. There are a wide range of roles that may qualify, such as deckhands, engineers, pilots, cooks, and stewards. If a person’s job is a harbor worker or other land-based occupation, they may not qualify under the law, even if they spend time aboard. However, those employees may be eligible to file a workers’ compensation claim and/or bring a vessel based negligence claim under the right circumstances.
If you are a qualified seaman and you were hurt due to unsafe working conditions aboard your vessel, contact the Louisiana-based attorneys at Kopfler and Hermann. If necessary, we will file suit on your behalf to ensure you get the compensation which you are entitled to. Contact our personal injury legal team now to learn more.
