Pretty much every industry has jobs that are considered more hazardous than others. If an accident occurs while an employee is performing their job duties, their damages are usually covered by workers’ compensation insurance.
However, what about when the accident occurs offshore like on a vessel out in the water or docked for repairs? Does workers’ compensation take care of the resulting damages?
Chances are, workers’ comp doesn’t apply. Instead, your claim is filed under the Jones Act. The complexities of a Jones Act case can leave you feeling frustrated and unsure if you’re receiving compensation. To help clarify the process, here’s what you should know about a claim filed under the Jones Act.
Who’s Covered Under the Jones Act
Just because you refer to yourself as a seaman doesn’t necessarily mean you can file an injury claim under the Jones Act.
Also referred to as the Merchant Marine Act, the federal law has been around since 1920. The law serves two purposes. The act works to protect national security by regulating cargo shipping in U.S. ports and waters. The law also helps protect the safety of U.S. maritime workers.
A key requirement to filing an injury claim under the Jones Act is the seaman must be a United States citizen. There aren’t any exceptions to this statute.
So, can any U.S. citizen working on a boat file a Jones Act injury claim? The short answer is no. While the vessel can be stationary or at sea, it does need to be navigable if the ship is moored or anchored. You must also be connected to the ship. This doesn’t mean you must be the vessel’s owner, but you will need to spend at least 30% of your working hours on board the ship.
You may be wondering if oil rigs fall under the Jones Act, which can certainly be a little confusing. If the rig is stationary and non-navigable, you probably can’t recover compensation under the Jones Act. If the oil rig is considered navigable or is en route to the drilling location or port, your injuries and other damages may be covered by the 1920 maritime line.
Types of Claims Covered Under the Jones Act
The Jones Act covers a broad range of injury claims that can even include wrongful death lawsuits. The act covers most types of accidents, as long as the incident occurred while the seaman was performing job-related duties. Some illnesses may also be covered. For example, if you develop an illness caused by inhaling toxic fumes.
Did you know your emotional distress may also be a claimable damage? Your mental anguish can be a result of daily job stress or stem from your injuries.
If a loved one dies while on the job, the surviving family can usually file a wrongful death claim. You will need to prove their employer didn’t meet maritime safety requirements or that the vessel’s poor condition directly led to their loved one’s death. Proving a wrongful death claim under the Jones Act can be challenging which is why it’s usually best to work with an experienced maritime accident attorney.
Do You Have a Negligence or a Maintenance and Cure Claim?
The Jones Act typically divides accident claims into two categories. You may have either a negligence or a maintenance and cure claim.
If you’re wondering if you can file the two claims simultaneously, the answer is usually no. You file a negligence claim and then submit a maintenance and cure claim. So, what are the two types of claims?
A Negligence Claim
A negligence claim under the Jones Act is similar to the one you typically file after a vehicle accident. You will need to prove your employer’s negligence is the direct cause of your injuries.
Some examples of negligence accepted under the Jones Act include failing to provide a seaworthy vessel or keeping up with maintenance on equipment. If your employer doesn’t provide safety gear or place signs warning of hazards, this can also be considered negligence.
If your negligence claim is based on the vessel’s seaworthiness, you may be able to pursue additional compensation. You can pursue a claim based on the vessel’s condition. Known as an unseaworthiness claim, it may be able to help you recover additional damages.
A Maintenance and Cure Claim
This type of Jones Act claim seeks to recover compensation for your ongoing medical care. In a sense, this is a type of disability claim. You’re seeking compensation for your ongoing losses at least until you’re able to return to work.
Even with a better understanding of the Jones Act, the law is still confusing. To help ensure you recover fair compensation for your injuries, it’s usually best to work with an experienced maritime accident lawyer.
The post Is Your Maritime Injury Covered Under the Jones Act? appeared first on My Boat Life.
