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Jones Act
Lawyer for Seaman Injured in Offshore Accidents
- What is the Jones Act?
- Am I a seaman?
- What does it mean to be covered by the Jones Act?
What Is the Jones Act?
The Jones Act is federal law passed in 1920 which protects sailors and vessel crew members. The Jones Act protects injured or ill seaman by allowing sailors to seek compensation from their employers for the negligence of the ship owner, master of vessel, or other crew members. This federal law is similar to FELA in that it offers many of the same protections railroad workers receive. Congress enacted the Jones Act, which Senator Jones proposed, because the perils or working at sea were taking a heavy toll on the workers. Like the railroad workers, seaman were being injured or killed often due dangers at sea.
Know your legal rights for the injuries you suffered as a seaman working offshore on a vessel, on a drilling rig or drilling platform or in another workplace accident. Call Tony Malley, Attorney at Law, at 888.656.4457 or e-mail me for a free initial consultation.
Am I a Seaman Covered by Jones Act Law?
Only a seaman is covered by the Jones Act. The details of your work, your vessel, and other facts are necessary to establish seaman status. Generally a seaman is an offshore worker assigned to a vessel as a captain or crew member. Ordinarily vessels include barges, tugs, ships, tankers, supply boats and the like, but vessels can include structures designed to float on water but not usually used as a means of transport such as a jack up drilling rig.
A seaman’s duties need to contribute to the function of the vessel. How much time the worker spends working on the vessel is a factor to consider for seaman status. Generally a person needs to spend more than 30% of their time on a vessel to be a seaman. You need to speak with an attorney to explain what you were working on and your duties to have a better understanding of whether you can be considered a seaman.
What Does It Mean to Be Covered by Jones Act?
A Jones Act seaman is entitled to maintenance and cure regardless of whether injured worker or the vessel’s owner was negligent in causing the accident. Maintenance is basically room and board for the injured worker who cannot perform his duties because of his injuries. The maintenance is paid in theory because if the worker were not injured, he would be receiving room and board on the vessel. The amount of maintenance is often paid is often disputed. Maintenance payments are made to the injured worker until he reaches maximum medical improvement or cure. Cure is payment for medical treatment to injuries from the accident. The medical payments continue usually until the injured worker is better or the health condition has stabilized.
A seaman who can show negligence on the art of the vessel owner or another who caused the accident may also be entitled to lost wages, physical pain and suffering, lost earning capacity, emotional distress, and future medical expenses. Surviving family members can also bring a claim if they lost a loved one who was a seaman.
Aggressive Representation and Personalized Service for Every Client
If you have more questions about the Jones Act, Maintenance and Cure, compensation, or maritime law, call Tony Malley, Attorney at Law, with Moore Landrey, LLP, at 888.656.4457 or e-mail my office.
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