Jones Act Lawyer Alton, IL
The Jones Act gives injured seamen rights that state workers’ compensation statutes don’t address. It allows a civil lawsuit against the employer, and it provides the right to a trial by jury. It also opens access to damages that shore-based workers cannot recover.
Our firm has handled Jones Act matters for over 60 years, representing both injured seamen and the marine employers and insurers that face their claims. That perspective from both sides of the case file matters after a serious accident or injury. Speak with our Alton, IL Jones Act lawyer today to learn what your legal options are.
Why Choose Goldstein and Price, L.C. for Jones Act Claims in Alton, IL?
Jones Act cases involve a dense mix of federal statute, general maritime law, and decades of Supreme Court precedent that most trial lawyers never encounter. These matters are core to our firm and have been since 1957.
A Practice Built Around Jones Act and Maritime Law
Our firm has handled Jones Act litigation throughout our 60+ year history, across the inland river system and beyond. We have tried Jones Act cases to verdict, negotiated settlements under all manner of exposure, argued appeals at the circuit level, and defended claims for marine employers in federal and state court. That volume of direct work shapes how we approach every new matter.
Managing Member With Scholarly Engagement in Admiralty
Our managing member, Neal Settergren, has published on admiralty and maritime law in the Journal of Maritime Law & Commerce, the Tulane Law Review, and the Saint Louis University Law Journal. His work has addressed jury practice in admiralty cases, towage liability, and the place of admiralty in legal education. That academic grounding translates into case strategy. Neal graduated Order of the Coif from Washington University School of Law and is admitted to practice in Missouri and Illinois. Our attorneys handle Jones Act and maritime cases in multiple jurisdictions along the inland river system.
Jones Act Cases From Both Perspectives
On the plaintiff side, we represent injured seamen and families of crew killed in the course of employment. On the defense side, we represent vessel owners, marine employers, and the insurers that carry their exposure. Defending a Jones Act claim teaches you exactly how the plaintiff’s case will be attacked, which witnesses the defense will target, and which arguments land with a jury. That knowledge becomes an asset when we represent an injured seaman.
⭐⭐⭐⭐⭐ “Goldstein and Price is the best in the business. They are highly committed to a standard of excellence, professionalism, and ethical practices that is unmatched by competing law firms. I would also highly recommend Giles Howard in particular as he is amazing to work with, extremely knowledgeable, and invested in his clients.” — Corey Loberg
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Types of Jones Act Cases We Handle in Alton
The Jones Act covers any “seaman” injured in the course of employment. That definition is narrower than it sounds. It excludes most shore-based workers, even those who regularly board vessels. It requires a substantial connection to a vessel or identifiable fleet in navigation. The cases we handle fall into the categories below, grouped by type of claim and by worker or vessel setting. Major incidents can also draw in agencies like the Coast Guard and the NTSB marine safety office, each of which we factor into how we build a case.
- Jones Act negligence claims. The Jones Act allows an injured seaman to sue an employer whose negligence played any part in causing the injury. The causation standard is substantially lower than ordinary tort law.
- Unseaworthiness claims. A separate general maritime law cause of action against the vessel owner. No fault required. Triggered when the vessel or its appurtenances are not reasonably fit for their intended service.
- Maintenance and cure demands. Automatic benefits owed to seamen who fall ill or are hurt while in service of the vessel. Employer refusal or delay in paying can trigger additional damages on top of the underlying benefits.
- Seaman status disputes. The threshold fight in many Jones Act cases. Employers and insurers frequently argue that an injured worker does not qualify as a seaman and should instead be routed through the Longshore Act or state workers’ compensation.
- Jones Act wrongful death. When a seaman is killed in the course of employment, eligible family members can pursue claims under the Act. Fatal cases involve layered analysis of damages and preemption that has to be sorted out early.
- Towboat accidents. The largest single category on the Alton stretch of the Mississippi. Deckhands, engineers, mates, and pilots qualify as seamen in almost every case.
- Barge and dredge worker claims. For workers on non-towboat inland vessels who meet the seaman threshold. Status is more contested in these cases than on traditional towboats.
- River accidents. When a seaman is hurt in a larger river incident involving multiple vessels, fixed structures, or third parties, the Jones Act claim sits inside a broader liability analysis.
Illinois Legal Requirements for Jones Act Claims
Jones Act claims are federal. The statute, the governing precedent, and the key damages frameworks all come from federal law. Illinois law still plays a role in specific situations, particularly in fatal cases or when an injured worker also has claims against non-employer defendants. Here are the rules that structure most Jones Act matters in and around Alton.
Who Qualifies as a Seaman
The Supreme Court’s seaman status test asks whether a worker has an employment-related connection to a vessel in navigation that is substantial in both duration and nature. A common practical benchmark is whether the worker spent at least 30 percent of work time in service of a vessel or identifiable fleet. Towboat crew and similar inland river workers typically clear that bar without much argument. Shore-based workers who occasionally board a vessel almost never do.
The Jones Act Negligence Standard
The Jones Act (46 U.S.C. § 30104) incorporates the Federal Employers’ Liability Act, the statute that governs railroad worker injuries. That incorporation brings along a featherweight causation standard. Employer negligence that played any part, however slight, in causing the injury is enough to support liability. Comparative fault reduces but does not bar recovery.
Where Jones Act Cases Can Be Filed
Jones Act plaintiffs can choose federal or state court. A case filed in state court generally cannot be removed to federal court by the defendant, which is an unusual procedural feature of the statute. Venue and court choice can significantly affect case strategy, jury pool, and ultimate outcome, so the choice deserves careful thought before a complaint gets filed.
Filing Deadlines
Jones Act claims run on a three-year statute of limitations. State claims against non-employer defendants in Illinois run on a two-year clock under 735 ILCS 5/13-202. Fatal cases may trigger the Illinois Wrongful Death Act alongside federal doctrines. Non-seaman maritime workers fall under the Longshore Act instead, which has its own claim and notice deadlines.
What Damages Are Recoverable in Alton Jones Act Cases?
Jones Act damages are governed by federal law and decades of Supreme Court precedent. The general categories track what injured workers in other contexts recover, but some Jones Act-specific limitations apply. Seamen also have a separate no-fault remedy, maintenance and cure, that runs alongside any Jones Act negligence claim regardless of who was at fault.
Economic Damages
Past and future medical expenses are recoverable. So are lost wages and loss of earning capacity. Future damages typically require a vocational specialist and a life care planner to document properly. Maritime jobs often pay well above median for comparable shore-based work, which makes the earning capacity analysis substantial in a serious injury case.
Seamen are separately entitled to maintenance and cure benefits regardless of fault. Maintenance covers daily living expenses during recovery. Cure covers necessary medical treatment until the seaman reaches maximum medical improvement. Both are owed by the employer, and wrongful denial or unreasonable delay can lead to additional damages on top of what would otherwise be available.
Non-Economic Damages
Pain and suffering, mental anguish, and loss of enjoyment of life are available in Jones Act and general maritime law claims. The scope of non-economic recovery has been shaped by a line of Supreme Court decisions going back decades. The framework that applies to a given claim, whether Jones Act negligence, unseaworthiness, maintenance and cure, or some combination, can change which categories are available and how a jury evaluates them.
Punitive Damages
Punitive damages are available in certain maritime matters and limited in others. The Supreme Court confirmed that punitive damages are available when an employer willfully fails to pay maintenance and cure. Fatal cases involve a separate analysis about which damages are available to surviving family members under which doctrine.
Contact Goldstein and Price, L.C.
If you have been hurt while working as a crew member on an inland river vessel, or if your family has lost a seaman in a work-related incident, the sooner you speak with a lawyer who handles Jones Act cases, the better your position. Our first boating accident consultation covers the injury itself, your job duties and vessel assignment, the circumstances at the time of the incident, and what medical care you have received. Work records, accident reports from the employer, and the names of witnesses help move the evaluation along, though they are not required before a first meeting.
Jones Act cases run on a three-year deadline. Evidence that often proves critical in these cases, like vessel logs, maintenance records, crew witness recollections, deteriorates or disappears well before that deadline arrives. Contact us today to schedule a conversation about your Jones Act claim.