For millions of employees, state workers’ compensation systems provide an exclusive source of financial and medical benefits for workplace injuries. Workers’ compensation has been around since the early 1900s, compensating employees injured on the job. These systems are state-specific and typically cover medical care and lost wages, regardless of whether the employee or employer was at fault. However, not all workers are eligible for these benefits.
Because workers’ compensation systems are state-specific, those working on the river fall into a confusing gray area when it comes to determining which state’s laws apply. For example, if an employee is working aboard a vessel on the Mississippi River near St. Louis, are they in Missouri or Illinois? Because of this uncertainty, Congress enacted the Jones Act in 1920 to provide a clear legal path for injured seamen. The Act permits a seaman who sustains personal injuries in the course of employment to sue their employer for damages. The personal representative of a deceased seaman is also authorized to bring suit. Unlike traditional workers’ compensation claims, maritime injury cases often involve unique federal protections, and a St. Louis, MO maritime lawyer can help injured seamen understand their rights under the Jones Act and other applicable maritime laws.
Am I Covered Under the Jones Act?
Under the Jones Act, a seaman injured or killed in the course of employment is eligible to file a Jones Act claim. However, the Jones Act does not define the term “seaman,” so the courts have done so, with lasting effects on who qualifies for Jones Act seaman status.
In 1995, the United States Supreme Court, in Chandris, Inc. v. Latsis, ruled that a worker who spends less than approximately 30% of their time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act. Based on that ruling, a worker may qualify as a seaman eligible to bring a Jones Act claim if:
- They work “in service of a vessel;”
- The vessel is “in navigation;” and
- They spend at least 30% of their time in service of the vessel.
Whether a river worker qualifies to file a Jones Act claim is a complicated question, and it is important to hire an experienced attorney to evaluate your case and protect your legal rights.
How Do I File a Jones Act Lawsuit?
Work on the river can be dangerous, and thousands of river workers are injured every year throughout the United States. If you are injured while working on the river and wish to pursue a Jones Act claim, speaking with a knowledgeable maritime attorney as soon as possible is essential. Strict time limits apply to Jones Act claims, and waiting too long could mean losing your right to recover entirely.
The attorneys at Goldstein and Price, L.C. have been handling Jones Act cases and other maritime law matters for over 65 years. Contact us today to speak with an experienced maritime attorney who can help you pursue the compensation you deserve.