The Jones Act (officially the Merchant Marine Act of 1920) is a federal law giving certain maritime workers the right to recover damages from their employers for injuries sustained while working in the service of a vessel that operates in US navigable waterways. For employees who work offshore, the Jones Act may offer the only available relief for injured workers. The Jones Act allows injured employees to sue employers who are negligent.
Who Is Covered Under The Jones Act
Only workers who qualify as ‘seamen’ are covered by the Jones Act. A qualifying seaman must have a significant employment-related connection to the employer’s vessel. Whether a maritime employee will be considered a seaman is a question to be decided based on the circumstances of employment. A seaman must generally:
- Spend at least 30 percent of the time working on a particular ship or fleet of ships
- Contribute to the functions or assigned operations of the vessel
A Seaman Must Work on An American Vessel
Almost any type of floating watercraft can be a vessel for purposes of the Jones Act. However, the law only applies to vessels transporting people or cargo between ports in the United States. Vessels meeting the requirements of the Jones Act are U.S. built, owned, crewed, and flagged.
The Vessel Must Operate on Navigable Waterways
Navigable waterways can be any water path a boat can use to travel between U.S. ports. A vessel is considered to be in navigation when it is fully operational, even if it is temporarily docked.
Jones Act Compensation an Injured Seaman May Be Entitled to Receive
The Jones Act requires an employer to provide some benefits to an injured seaman no matter what. According to the statute, those benefits are referred to as ‘maintenance and cure’ and cover expenses of daily living and medical treatment.
Covered maintenance and cure expenses can include:
- Food
- Rent
- Utilities and insurance
- Doctor visits and hospital stays
- Medications
- Necessary medical devices and equipment
Seamen are allowed to select their owner doctors, and employers are required to provide maintenance and cure until a seaman reaches ‘maximum medical improvement’ (MMI). Determining when MMI is achieved is often an issue of contention between the injured seaman and the employer or insurance company representing the employer. A lawsuit can be filed against an employer that improperly withholds maintenance and cure payments.
Beyond maintenance and cure, an employer and / or vessel owner can be liable for additional damages if negligence caused a seaman’s injuries. Employers and owners owe a duty to seamen to make the vessel reasonably safe while the crew is onboard. One type of maritime negligence claim recognized by the Jones Act is a claim that the vessel was ‘unseaworthy.’
Being unseaworthy does not mean a boat is incapable of staying afloat, but rather that it does not provide a safe work environment. The following circumstances can serve as evidence that a vessel is unseaworthy:
- Lack of adequate crew
- Improper training or supervision
- Faulty or inadequate equipment
- Failure to implement safety procedures / precautions
- Hazardous surface areas
- Lack of sanitation
- Exposure to toxins
If it is proven a vessel was unseaworthy, an injured seaman may be entitled to damages for past and future lost income, medical expenses, pain and suffering, mental anguish, loss of ability to enjoy life, and disability, among other potential offshore injury damages. The spouse of an injured seaman may recover damages for loss of society (love, affection, comfort). The surviving family of a seaman killed while working on a vessel is also allowed compensation for funeral expenses, lost support, and services under the Death on the High Seas Act (DOHSA).
Punitive damages are an additional sum that may be awarded to punish employers who wrongfully withhold maintenance and cure. However, the U.S. Supreme Court has ruled punitive damages cannot be awarded for negligence claims – including unseaworthiness – under the Jones Act.
Employer Defenses to Jones Act Claims
Employers have no defense that can absolve them of the legal responsibility to pay maintenance and cure, but they may challenge allegations of negligence or try to limit their liability using other available legal methods.
Contributory Negligence
A defense employers might use in response to a Jones Act claim is that the seaman’s own negligence caused – at least in part – the claimed injuries. A seaman has the responsibility to exercise the same degree of care for their own personal safety as a reasonable seaman would under like circumstances.
Contributory negligence does not bar a seaman’s claim or recovery, but may reduce the compensation available by the percentage of fault the seaman is found to have.
Failure To Disclose a Pre-Existing Condition
Having a pre-existing injury or medical condition does not necessarily bar a Jones Act claim completely, unless the pre-existing condition would have been a reason for the employer not to hire the seaman. A seaman can recover compensation for any new damage caused by the more recent injury, but it can get complicated and will require the opinions of medical experts.
Limitation of Liability Act
The Limitation of Liability Act is a mid-19th Century law passed to protect ship owners from financial ruin for accidents that happened at sea. The law allows vessel owners to limit their liability for damage claims to the value of the vessel if they can prove they had no knowledge of or connection to the circumstances giving rise to the injuries. Depending on the worth of the vessel and the amount of damages claimed, this antiquated law has the potential to produce injustices not contemplated when the law was enacted.
What To Know Before Making a Jones Act Claim Against an Employer
Federal regulations require seamen injured on an employer’s vessel to report the injury within seven days to preserve their legal right to make a Jones Act claim. As a practical matter, any injury should be reported as soon as possible to avoid issues with late reporting. If the injured offshore worker is required to complete an incident report, the answers should be carefully considered as they could have a legal impact on a future negligence claim. Consulting a Jones Act attorney before making any kind of formal statement can help to make sure a seaman’s legal rights are properly protected.
Get medical attention as soon as possible after the injury so there is a medical report tying the injury to the incident on the vessel. The right to maintenance and cure begins immediately, and benefits should be made available. A maritime injury attorney can also help make sure maintenance and cure payments are made in a timely manner.
Jones Act negligence claims often begin with an employer’s insurance company. If a fair settlement can be negotiated with an insurance company, a lawsuit can often be avoided. Even if a lawsuit is filed, most Jones Act claims settle before trial. A lawsuit must generally be filed within three years of the date of injury, although depending on a variety of factors, that statute of limitations – or time limit within which a maritime injury claim must be filed – can be shortened significantly. This is one of the many reasons why it is crucial to speak with an experienced Jones Act lawyer as soon as possible after being injured on the job offshore.
Be prepared for an insurance company to dispute everything from necessary medical treatment to employer negligence when making a Jones Act claim. The best way to manage a claim is to let an experienced Jones Act lawyer investigate the circumstances surrounding your injury and negotiate with the employer and / or insurance company.
Where To Get Help Making a Jones Act Claim
The maritime injury lawyers at The Krist Law Firm, P.C. have a successful track record representing offshore workers injured on an employer’s vessel. Our Jones Act attorneys have the knowledge, skills, and experience to prove employer negligence and assist injured seamen with recovering the compensation they are entitled to under federal law. Don’t jeopardize your legal rights. Schedule a free case evaluation with the award-winning trial lawyers of The Krist Law Firm, P.C.