Maritime Injury Claims – The Jones Act

The Jones Act is a federal law that permits injured seamen to seek monetary compensation for injuries that happen aboard a U.S. flagged vessel against co-workers, or an employer, that happen within the course and scope of employment. Maritime work is often dangerous and the Jones Act recognizes this element in the duties of seaman at sea. The Jones Act covers injuries where a seamen voluntarily performs high risk work at sea; even a preponderance of negligence by the employer of a seaman can trigger Jones Act coverage; inadequate medical care at sea can result in coverage under the Jones Act, and if the vessel is “unseaworthy.”

The owner of a vessel at sea owes a duty of due care to provide a seaman with a sea-worthy vessel which includes adequate safety equipment aboard said vessel; competent crew; safe working environment; and habitable conditions of living. A vessel at sea need not on the verge of sinking to be considered not seaworthy. Furthermore, a vessel may be seaworthy at the time she leaves her port, but due to many factors, she may become unseaworthy during her tour of duty; many times, a claim for an unseaworthy vessel is brought at the same time as a Jones Act injury at sea.

For more information on the Jones Act or Maritime injuries, contact Attorney Mark C. Blane at toll free (888) 845-6269; direct at (619) 813-7955; or email at mark@blanelaw.com.