Commercial maritime work is one of the most dangerous occupations in the nation. The hours are long, and the labor is physically demanding.
Maritime workers face daily risks, including rough seas and heavy machinery. When injuries occur, the Jones Act may provide critical protections. Understanding your rights is essential.
What is the Jones Act?
Traditional workers’ compensation provides benefits for employees who become ill or injured on the job. The Jones Act goes beyond that. It’s a federal law that allows certain injured maritime workers to file a lawsuit for damages, including pain and suffering.
However, not all maritime workers qualify for protection under the Jones Act. Eligibility requirements include:
- Classification as a seaman
- Spend at least 30% of their work time on a vessel or fleet of vessels
- The vessel must be actively operational
- Contribute to the vessel’s function
Workers typically covered by the Jones Act may be crew members on cargo ships, barge workers, offshore supply vessel workers and commercial fishing crew members. If the worker’s duties are primarily on the dock or shore-based, they may be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Under the Jones Act, an employer may be liable if their negligence played a role in the worker’s injury. Examples include:
- Failing to maintain a safe vessel
- Unsafe work practices
- Overworking crew members
- Allowing the vessel to be understaffed
- Defective equipment
- Inadequate crew training
- Lack of supervision
In addition to coverage of medical expenses and replacement of lost wages, maritime workers may also have the right to maintenance and cure. This requires the employer to cover basic living expenses and medical treatment until maximum improvement is reached.
Maritime injuries involve complex federal laws and jurisdictional issues that aren’t common in standard workplace injury cases. Furthermore, employers often attempt to dispute seaman status or minimize their negligence. It’s essential to work with someone who understands maritime law and will help protect your rights.