Everyone who has ever read Moby Dick or watched the Deadliest Catch has probably imagined what it would be like to live the life of a seafarer. There is a lot of romance around working out on a ship. However, there are also a lot of harsh realities.
While the maritime industry is an especially hazardous field, employees are not protected through workers’ compensation law. This is true for individuals engaged in a broad array of seafaring labors, who sustain injuries in the workplace.
However, since the 1920s, the Jones Act has offered a series of federal protections for these individuals. It was designed to provide compensation for medical expenses and lost wages resulting from such incidents.
Jones Act Fundamentals
The Jones Act creates a structure through which injured seamen may make claims for compensation for harm or illnesses stemming from their work on navigable waterways. The term used for this type of monetary recovery is “maintenance and cure,” and employers are responsible for paying daily wages as well as the costs of medical treatment required due to the injury.
Workers whose injuries were caused by a shipowner or crew member’s negligence in maintaining a vessel in seaworthy condition may also be able to sue for additional damages.
To be eligible to file a claim under the Jones Act, a worker must spend at least 30% of their work time on a qualifying seafaring vessel. This is regardless of whether the vessel operates mainly in inland waterways or on the open sea.
The harm must be sustained while the ship is in operation, though, injuries suffered during the vessel’s time at a dock or mooring may also qualify, as long as the ship was in navigable condition at the time. The types of vessels on which Jones Act claimants tend to work include:
- Tankers
- Barges
- Tugboats
- Cargo ships
- Workboats
- Offshore oil rigs
- Ferry boats
- Fishing trawlers
Establishing Negligence in Jones Act Cases
There are some evidentiary hurdles a seaman must clear in order to receive compensation under the provisions of the Jones Act. They must demonstrate that negligence was to blame for the injuries claimed.
However, it is generally accepted that the standard for proving a shipowner or operator’s negligence in this context is comparatively low, rendering a victim’s chances of obtaining compensation quite good.
With that said, however, anyone seeking compensation through the Jones Act will have to establish that an individual possessing authority in terms of the vessel’s management did not act in a reasonable manner. They must show that the accident at sea was caused by an action that should have been taken and was not, or that safety precautions were lacking.
Included in potential types of negligence under the Jones Act are things such as failure to train in safety techniques, failure to supervise workers, and forced overtime in excessive amounts.
How is Seaworthiness Assessed?
As stated earlier, vessel owners are required to provide their employees with a seaworthy working environment. If they fail in that duty, they may be subject to liability according to the Jones Act. Signs of an unseaworthy vessel in this context can include things such as:
- Aging equipment
- Flooded or oily decking
- Insufficient staffing for key tasks
- Missing handrails
- Cluttered deck areas
- Worn steps
Compensation Available to Jones Act Claimants
The injuries seafaring workers sustain while on the job are often very serious. As a result, the compensation made available to them via the Jones Act and associated negligence claims can also be substantial.
Available financial recovery may include payment for medical bills and lost wages, and in some instances, compensation for physical suffering, emotional trauma, reduced future earning capacity, and more.
However, the provisions of the Jones Act are not something with which every legal practitioner may be familiar. Because of this, those with potential claims should take the time to consult with an attorney possessing a track record of experience handling such cases.
