Jones Act Lawyer | Legal Action for Injured Maritime Workers [2024 Update]

What Is the Jones Act?

The Jones Act, officially known as Section 27 of the Merchant Marine Act of 1920, is a U.S. federal law designed to protect the rights and interests of maritime workers.

Enacted in the aftermath of World War I, the act played a vital role in governing the nation’s shipping industry, focusing primarily on ensuring the safety and compensation of maritime workers.

The Jones Act also includes provisions for U.S. maritime commerce.

This maritime law restricts the movement of ships in the nation to only U.S.A.-made vessels with a crew mainly comprising (75%) Americans.

However, the act’s most notable aspect is its protection of seamen and others involved in ship-related work.

The History of the Jones Act

The roots of the Jones Act can be traced to the early 20th century when the U.S. recognized the need to safeguard its maritime workforce and bolster national security by ensuring that shipping between U.S. ports was conducted by American vessels.

After World War I, lawmakers sought to strengthen the country’s merchant marine fleet and make the maritime industry safer and more competitive.

The Jones Act was passed in 1920 as part of this broader initiative, championed by Senator Wesley Jones, who was instrumental in shaping the legislation.

How Does The Jones Act Protect Maritime Workers?

The Jones Act offers a set of fundamental protections for maritime workers, specifically for seamen, which generally refers to individuals who work aboard vessels.

These protections include:

• Right To Sue for Negligence: The Jones Act allows seamen injured during their employment to file lawsuits against their employers for negligence. Maritime workers covered under the act can seek compensation if they demonstrate that their injury resulted from a negligent maritime accident.
• Maintenance and Cure: Besides allowing lawsuits for negligence, the Jones Act enforces the ancient maritime principle of “maintenance and cure.” Maintenance pertains to the maritime worker’s daily living allowance. Cure refers to their rights to medical costs.
• Unseaworthiness: The Jones Act works in tandem with the doctrine of unseaworthiness, which is a broader maritime law. Under this doctrine, a shipowner must ensure that the vessel is seaworthy, meaning it is safe, properly equipped, and adequately staffed.

Who Is Covered Under the Jones Act?

The Jones Act applies specifically to seamen — those who are considered to contribute to the function of a vessel or the accomplishment of its mission.

To qualify as a “seaman” under the Jones Act, the worker must meet two criteria:

• The worker must have a substantial connection to a vessel or fleet of vessels in navigation, meaning the ship is not docked permanently or decommissioned.
• Courts have generally required that the worker spend at least 30% of their time aboard the vessel to qualify as a seaman.

While this definition primarily includes sailors, the courts have interpreted “seaman” to be broader, covering various types of workers on vessels.

Some of the individuals covered under the Jones Act include:

• Sailors and Crew Members: Individuals actively operating or maintaining a vessel are directly covered.
• Fishermen: Those involved in commercial fishing operations fall under the act’s protections.
• Deckhands, Engineers, and Captains: These workers also qualify for protection, provided they spend significant time working on a vessel.
• Other Ship-Related Workers: Individuals such as stewards, cooks, and even those who perform occasional ship work can be considered seamen if their duties are directly related to the vessel’s function and mission.

How Do You Qualify for the Jones Act Claim?

For the Jones Act to apply, certain conditions must be met:

• Employment on a Vessel in Navigation: The worker must be employed on a vessel that is in navigation. This includes any ship or boat capable of moving across water, whether a cargo ship, fishing boat, tanker, or tugboat.
• Connection to Maritime Work: The worker must be engaged in activities directly related to the function of the vessel or its mission. For example, workers performing navigational, maintenance, or operational duties aboard the vessel would qualify.
• Injury Due to Employer Negligence: If an injury occurs due to the employer’s negligence or the unsafe condition of the vessel, the worker can seek damages. This negligence could involve poor maintenance, inadequate safety equipment, insufficient training, or improper vessel operation.

The Jones Act is a crucial piece of legislation for protecting the rights of maritime workers in the U.S.

By granting the right to sue for employer negligence, enforcing the “maintenance and cure” doctrine, and ensuring that seamen work on seaworthy vessels, the act ensures a safer and fairer environment for these naval professionals.

The Benefits of Hiring a Jones Act Lawyer

Jones Act lawyers offer significant advantages for naval workers seeking compensation for maritime injuries sustained aboard vessels.

Maritime Injury Lawyers possess a deep understanding of the complexities of maritime law and how they work together to offer just compensation for their clients.

Expertise in Maritime Law

Maritime law is a niche subtype of occupational law, particularly used to protect the rights of marine and other workers in the sea-related industry.

Offshore injury lawyers understand the legal protections available to maritime workers, including the right to sue for negligence and the requirement for vessel owners to maintain seaworthy conditions.

Maritime law differs significantly from land-based personal injury or workers’ compensation laws.

A general personal injury lawyer may not be well-versed in maritime-specific statutes, precedents, and jurisdictional issues.

Understanding the Jones Act Process

Expert maritime injury lawyers know how to investigate the accident thoroughly.

A maritime lawyer will review everything, from maintenance logs and crew training records to safety protocols and ship inspection reports, to determine if negligence or an unseaworthy condition contributed to the injury.

To recover damages under the Jones Act, a lawyer must prove that the employer’s negligence contributed to the injury or that the vessel was unseaworthy.

This step requires extensive legal skills in connecting the facts of the case to the safety and vessel maintenance standards outlined by maritime law.

Maximizing Compensation

Maritime injuries can result in substantial financial, physical, and emotional costs.

A Jones Act lawyer helps to ensure that injured seamen receive fair and comprehensive compensation, such as medical bills, lost wages, emotional damages, and more.

Types of damages an injured maritime worker or their family may be able to seek include:

• Medical Expenses: This includes costs for current and future medical treatment related to the injury, including surgeries, rehabilitation, and medication.
• Lost Wages: Compensation for the income lost during recovery and potential future earnings if the injury results in an inability to work long-term.
• Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the injury.
• Loss of Earning Capacity: If the injury affects the worker’s ability to perform their job or pursue a career in the future, they may be entitled to damages for reduced earning capacity.
• Maintenance and Cure: Compensation for basic living expenses (maintenance) and medical care (cure) during the recovery period.
• Loss of Consortium: Family members, such as a spouse, may be able to seek compensation for the loss of companionship and support due to the injury.
• Disfigurement or Disability: Damages for long-term or permanent disability or disfigurement resulting from the injury.

These damages are designed to help maritime workers and their families recover financially and emotionally after a serious injury.

Protecting Against Employer Tactics

Maritime employers and their insurers often attempt to minimize their liability and reduce the amount they have to pay injured workers.

Injured seamen may be pressured into accepting a low settlement offer before they fully understand the extent of their injury or legal rights.

A Jones Act lawyer will protect workers from these tactics and negotiate on their behalf to secure a fair settlement, challenging these claims by presenting evidence of employer negligence or unsafe conditions aboard the vessel.

Tailored Legal Strategies for Different Professions

The Jones Act covers various maritime professions, from sailors and fishermen to deckhands and engineers.

Each profession involves different risks and working conditions, and a Jones Act lawyer is adept at tailoring legal strategies to the specific circumstances of the case.

For example:

• Fishermen: A lawyer experienced in Jones Act cases will understand the particular dangers of commercial fishing, including rough seas, mechanical failures, and inadequate safety measures.
• Offshore Workers: For those working on oil rigs or other offshore platforms, an attorney may investigate whether faulty equipment or insufficient safety procedures contributed to the injury.
• Tugboat and Ferry Workers: Workers in these professions may face hazards related to the navigation of vessels in congested or treacherous waters.

Experience With Maritime Industry Standards

Jones Act lawyers are familiar with the industry standards and regulations governing maritime work.

The Occupational Safety and Health Administration (OSHA) sets safety guidelines for various industries, including maritime work, and non-compliance with these guidelines can serve as evidence of negligence.

The U.S. Coast Guard regulates vessel safety and inspections.

A Jones Act lawyer will review Coast Guard records and other relevant documentation to identify any safety violations that may have contributed to the injury.

Litigation Experience and Negotiation Skills

Whether the case involves a negotiated settlement or proceeds to trial, having an experienced Jones Act attorney is critical.

Maritime employers and their insurance companies are often well-prepared with legal teams, making it important for injured workers to have legal representation that can:

Maritime injury lawyers have strong negotiation skills, allowing them to secure settlements that reflect the full scope of the injuries sustained.

If a settlement is improbable, a Jones Act lawyer is prepared to take the case to court, where they will present evidence, cross-examine witnesses, and argue for maximum compensation before a judge or jury.

How To File a Jones Act Claim

Filing a Jones Act claim requires careful documentation, strict adherence to legal procedures, and a thorough understanding of maritime law.

Below is a detailed guide to the steps involved, from the immediate actions workers should take following an accident through the filing process to what to expect during legal proceedings.

1. Seek Medical Attention

The first priority after a maritime injury is to seek immediate medical treatment.

If you’re injured on duty, you should notify the ship’s captain, supervisor, or other relevant authority immediately about the injury.

This step is critical for documenting the incident, as failing to report the injury can complicate the claim later.

Even if the injury seems minor, it’s crucial to be evaluated by a medical professional.

Medical records serve as essential evidence of the injury and its severity.

Workers can choose their doctor, especially in long-term care, rather than relying only on the company-appointed physician.

2. Document the Incident

Injured workers should start documenting their injuries and the circumstances around the accident as soon as possible.

This documentation will form the foundation of the claim.

If others witnessed the incident, it’s important to collect names and contact information.

Witness testimony may be necessary during the claim process.

If possible, take photographs of the injury, the location of the accident, and any hazardous conditions aboard the vessel (e.g., defective equipment, slippery decks).

Keep a detailed record of what happened, including the time, place, and contributing factors such as bad weather or unsafe conditions.

3. Keep a Record of Expenses

Begin tracking all expenses related to the injury, including medical bills, travel expenses for treatment, and other out-of-pocket costs. This documentation is necessary when calculating damages later in the process.

4. Initial Consultation With a Jones Act Lawyer

Once the immediate medical needs are addressed and initial documentation is in place, the injured worker should consult an experienced Jones Act lawyer.

During this consultation, the lawyer will:

• Review the Facts: The lawyer will ask about the accident, injuries sustained, and any evidence gathered.
• Determine Eligibility: Not all maritime workers are covered under the Jones Act. The lawyer will determine if the injured worker qualifies as a “seaman” under the Jones Act, which requires that they spend a significant amount of time working on a vessel that is in navigation.
• Estimate Damage: The attorney will assess the extent of your injury and the probability of the case and determine the potential compensation you could receive in the end.

5. Filing the Lawsuit

If the employer disputes the claim or refuses to offer fair compensation, the next step is to file a Jones Act lawsuit.

The injured worker’s lawyer will prepare and file a complaint in the appropriate court, typically a federal or state court that handles maritime claims.

The statute of limitations under the Jones Act is three years from the date of the injury.

This means that injured maritime workers have up to three years from the date of their accident or injury to file a claim.

If workers fail to file within this period, they may lose their right to seek compensation.

6. Proving Negligence and Unseaworthiness

A key element of a Jones Act claim is proving that the injury was caused by the employer’s negligence or that the vessel was unseaworthy.

This requires gathering evidence and building a strong case.

To establish negligence, the injured maritime worker (or their lawyer) must prove that the employer failed to provide a safe working environment, such as:

• Inadequate Training: Failure to properly train the crew.
• Faulty Equipment: Use of defective or poorly maintained equipment.
• Unsafe Work Conditions: Failure to address hazards like wet or slippery decks.

A claim of “unseaworthiness” means that the vessel or its equipment was not safe, contributing to the injury.

The lawyer will investigate whether the responsible party properly maintained the ship and whether the crew was competent and adequately staffed.

7. Settlement Negotiations

Once the lawsuit is filed, the employer’s insurance company or legal team may offer a settlement to avoid going to trial.

Experienced lawyers will review the settlement offer to ensure it covers all the worker’s damages.

If the offer is inadequate, the lawyer may advise the worker to reject it and negotiate or continue with litigation.

Jones Act attorneys are skilled in negotiating settlements that reflect the full scope of the worker’s injuries, including medical costs, lost wages, future earning potential, and pain and suffering.

The negotiation process can continue during the trial.

8. Discovery Phase

If a settlement is not reached, the case will proceed to the discovery phase, where both sides gather evidence to support their claims.

During this phase, all involved parties may be deposed.

These are sworn testimonies that can be used in court.

Both sides will exchange relevant documents, such as maintenance records, safety logs, medical records, and reports of prior accidents aboard the vessel.

9. Trial

During a trial, the injured worker’s lawyer will present evidence of the employer’s negligence or the vessel’s unseaworthiness.

Proving this claim may include testimony from medical experts, safety inspectors, eyewitnesses, and documents such as maintenance logs and accident reports.

After both sides present their cases, the judge or jury will deliver a verdict.

If the injured worker wins the case, the court will award damages for medical expenses, lost wages, pain and suffering, and other costs.

Compensation Available Under the Jones Act

Under the Jones Act, injured maritime workers are entitled to several types of compensation if they are hurt due to employer negligence or unsafe working conditions.

Here’s what injured seafarers can claim in a maritime accident:

• Medical Costs: This compensation includes all past, present, and future medical treatment necessary to recover from the injury, such as hospital bills, surgery costs, doctor visits, prescriptions, rehabilitation, medical devices, and future medical needs.
• Lost Wages: Compensation for lost wages is crucial under this act. Lost wages compensation typically covers past lost wages, lost future earnings, loss of earning capacity, vocational rehabilitation, and so on.
• Pain and Suffering: The Jones Act allows injured workers to seek compensation for pain and suffering, which refers to the physical and emotional distress resulting from the injury. This form of compensation is more subjective than medical costs or lost wages but is essential to recovering damages.
• Punitive Damages: In some cases, injured workers may be entitled to punitive damages, which are awarded in situations where the employer acted with gross negligence, intentional misconduct, or reckless disregard for the worker’s safety.
• Death Benefits: If a seaman dies as a result of injuries sustained while working, their family or dependents may be entitled to death benefits. This compensation usually covers funeral and burial expenses and payment to surviving family members or dependents.

How the Jones Act Interacts With Other Maritime Laws

The Jones Act is part of a broader system of laws designed to protect the rights of maritime workers.

In many cases, maritime workers may also be entitled to protections or benefits under other laws.

Here’s how the Jones Act interacts with other important maritime laws:

• General Maritime Law (Maintenance and Cure): As already stated, the Jones Act allows seamen to sue their employers for negligence, but seamen are also protected under general maritime law, which provides the right to maintenance and cure.
• Longshore and Harbor Workers’ Compensation Act (LHWCA): Unlike the Jones Act, which applies to seamen, the LHWCA protects dock workers, harbor workers, and others who work on or near navigable waters but are not considered seamen. The Jones Act does not apply to these workers; they can seek compensation under the LHWCA.
• Death on the High Seas Act (DOHSA): If a seaman dies due to an accident more than three nautical miles from U.S. shores, the Death on the High Seas Act (DOHSA) may come into play. While the Jones Act provides wrongful death benefits for seamen who die due to injuries caused by negligence within U.S. waters, DOHSA offers benefits to the families of workers who die beyond the three-mile limit.

This list doesn’t include all maritime laws that work with the Jones Act, but these three are the essentials.

TorHoerman Law: Contact Us To Discuss Your Jones Act Claim

Maritime employees face risks unique from the regular workforce, which prompted the government to enact laws like the Jones Act to safeguard their welfare while on duty.

Navigating this law isn’t for everyday personal injury lawyers.

Dealing with a Jones Act claim requires the expertise of experienced maritime lawyers.

Our team of lawyers at TorHoerman Law can help you or your family member seek compensation for a maritime injury.

Call our law firm today for a free consultation.