Working at sea places someone outside the jurisdiction of state workers’ compensation laws, which means workers’ compensation does not provide for them when they are injured on the job. Fortunately, there are laws providing coverage for harbor workers, sailors, and seamen, including The Jones Act (Act), 46 U.S.C. § 50101 et seq. By creating a personal injury cause of action for U.S. sailors injured at sea, it expands on international maritime law.
Under the Act, any U.S. sailor who suffers a personal injury can bring a negligence claim against the ship’s owners with assistance from a dedicated maritime injury attorney. When you are a sailor or seaman who was injured at sea, you may have a cause of action under the Jones Act or other federal laws. A Cut Off Jones Act lawyer could help you understand all your possibilities for compensation.
Who Qualifies Under the Jones Act
The Act covers people who are working on vessels in navigation. A vessel does not have to be moving to be in navigation; it just has to be actively operated. Anchored vessels are in navigation, as are oil rigs and other semi-permanent structures.
The next thing to consider is whether the person was working on the vessel. While the Act does not specify how much of their work time the seamen must spend on the craft, courts have ruled the worker must spend at least 30% of their work time on the vessel.
In addition to sailing, seamen have to spend a substantial amount of time on board performing duties that contribute to the boat’s function, and because of this, cooks, stewards, and similar workers get Jones Act protections.
Many people in Cut Off are oil rig workers, who often qualify as seamen. Determining how the Jones Act applies depends on whether a worker spends 30% or more of their working time on the rig, and when a person is uncertain whether the Jones Act covers them, a lawyer in Cut Off may be able to help. The attorney may recommend a different legal road to recovery should when the Act is inapplicable.
Negligence
Demonstrating negligence on the part of the vessel’s owner, the crew, or officers is essential for a Jones Act recovery. Defective equipment, gear, boats, or rigs can also establish negligence.
Potential claims under the Act depend on the vessel owner’s duty to the employees. When the vessel was unsafe, the victim may be able to make one of two claims. The first claim is unseaworthiness, meaning the ship was unsafe for living or working, and the vessel owner and the employer must be the same person or business.
The second claim is failure to provide a safe place to work, which only requires control, not ownership, of the vessel. Vessels can be seaworthy but unsafe for how the employer is using them, for example, they may not have the proper safety gear or equipment.
There are many other types of negligence a Jones Act attorney in Cut Off could explore. Ships and rigs should have the ability to provide medical care after an accident or injury as well as an evacuation plan for injured employees, and failure to provide these can be negligence. Negligence by others under the employer’s control, including crew members, employees, or contractors, can support a claim.
Duty of Care
When making negligence determinations, it is vital to keep in mind the standard of care. Maritime work is inherently dangerous and maritime employers must take extra steps to keep their employees safe, resulting in a higher standard of care. The fact that an injured worker knew of enhanced risks does not mean that they assumed the risk, and it will not reduce compensation under the Jones Act.
Speak to a Jones Act Attorney in Cut Off
A maritime accident can be devastating, leading to permanent injuries, total or partial disability, or even death. The Jones Act provides a way for seamen to recover financially for those injuries. Even when the Jones Act does not apply, other maritime laws may protect you or your family. Schedule a free consultation with a Cut Off Jones Act lawyer to learn more.
