As an employer, you have certain responsibilities in the event of a workplace injury – no matter what kind of business you’re operating. But providing compensation can be complicated, especially if your company is in the maritime industry. If you are an employee in the maritime injury, you may have a different remedy for a workplace injury depending on where the accident occurred (on land or on a navigable waterway), whether you have a connection to a vessel, whether your job duties have changed over time, as well as your specific job duties. Your St. Louis, MO Jones Act lawyer can help you understand the rules. Read on to learn why you should contact Goldstein and Price, Attorneys at Law, today to get started.
Why Do I Need a Jones Act Lawyer?
The Jones Act is a federal law that provides a cause of action (the right to bring a lawsuit for monetary compensation) when an employee working aboard a vessel is injured and the injury is the fault of his employer. While most employees in the United States who are injured at work are restricted to filing a workers compensation claim, seamen (those employees who work aboard commercial vessels) can file a lawsuit against their employer under the Jones Act. Workers’ compensation sets a schedule or predetermined formula to calculate what an injured employee is owed based on the severity of his injury and his wages. The Jones Act is less formulaic and rather allows the court or a jury to determine how much an employee is owed for his lost wages, lost ability to work, pain and suffering, and more. One tradeoff, however, is that while land based workers are generally entitled to compensation for work related injuries regardless of fault, an employee covered by the Jones Act generally must show fault, which generally means negligence of the employer (including that of fellow crew members) or unseaworthiness (the vessel or its equipment, or even its crew, was not reasonably fit to perform its/their function). The flipside of this tradeoff is that damages under the Jones Act are not limited to scheduled benefits reflecting things like lost earnings, but instead are unlimited and can provide compensation for a broad array of losses, such as pain and suffering and other non-work-related losses.
The Jones Act is only available to seamen such that a plaintiff must be sure he qualifies as a seaman before bringing a claim for his injuries. To satisfy the test for seaman status, a plaintiff must be (1) an employee whose duties must contribute to the function of a vessel and to the accomplishment of its mission and (2) must have a connection to a vessel in navigation (or to an identifiable group of such vessels) that is substantial in terms of both duration and nature. While this test can be complex in application, many injured employees work in roles that are widely considered as traditional seaman roles, such as cooks, deckhands, pilots, mates, on board engineers, and more. The borderline cases of seaman status are more complex and are discussed in our blog.
Following an accident that gives rise to a claim under the Jones Act, it is important for employers and employees to take certain steps to preserve their rights and present their case in the best possible light. Employees should seek medical care and ensure that they are safe. Employees should also report all injuries to their employers. Once safe, receiving the proper care, and sure of seaman status, an injured employee can bring his claim in court with the help of an experienced maritime attorney. This claim can be brought in federal court or in state court, depending on the wishes of the seaman, procedural constraints, and litigation strategy. Decisions such as what court and which jurisdiction are those that an experienced maritime attorney can assist with and use to improve the merits of a Jones Act claim. A seaman must be careful to not delay speaking to a lawyer and bringing his claims. The Jones Act places a limit on the number of years a seaman can wait to bring a claim after his injury. This limit is called the statute of limitations for the Jones Act and is set at three years in most cases.
A Jones Act claim is a unique claim that requires the right knowledge and strategy. It is often part of a trifecta of claims available to seamen injured while working for a vessel. Typically, seamen bring claims for vessel unseaworthiness, maintenance and cure, and Jones Act negligence. Because of the many moving parts and the complexity of maritime law, it is important that injured seamen consider retaining a lawyer to help them with their lawsuit for Jones Act negligence, vessel unseaworthiness, and maintenance and cure.
Employers should also be mindful of certain obligations and consequences arising from workplace injuries to employees covered by the Jones Act. There are Coast Guard reporting requirements. An employee generally has a duty to make sure the employee receives prompt and necessary medical care. It is critical to preserve evidence which could be anything from a damaged piece of equipment, to AIS navigational data, to videotapes and photographs, to vessel inspection and auditing documentation. It is important for an employer to conduct a thorough investigation which will include, at a minimum, determining which crew members or other bystanders might have information that would shed light on the cause of the accident. An employer will want to make sure, if possible, to obtain the employee’s written or recorded statement about what happened. In cases of serious injuries or fatalities, and depending on the type and value of the vessel involved, the employer may need to consider filing its own lawsuit seeking the protection of the federal vessel owner’s limitation of liability statute. Under certain circumstances, this statute may permit the employer to limit its monetary liability to the value of the vessel that was involved in the accident. These are just a few of the many considerations facing an employer following an injury to an employee covered by the Jones Act.
Consultation with an experienced maritime lawyer is critical. Goldstein and Price attorneys have been successfully handling cases under the Jones Act since not long after the firm was founded in 1957. We have tried Jones Act cases all over the United States.
5 Steps in a Jones Act Case
Maritime workers face risks that are very different from those in land-based jobs. When an injury happens at sea or on navigable waters, the Jones Act may allow an injured seaman to pursue compensation from an employer. The process follows a series of practical steps that help establish what happened, who is responsible, and what recovery may be available. Below are five common steps we see in a Jones Act case from start to finish. Call us today to get help from our St. Louis, MO Jones Act lawyer!
1. Reporting the Injury and Seeking Medical Care
The process often begins with reporting the injury as soon as possible. Most maritime employers require injured workers to notify a supervisor or captain promptly. This creates an official record of the incident and helps avoid disputes later. Medical treatment should follow right away. Some employers direct injured workers to specific medical providers, while others allow outside care.
2. Determining Seaman Status and Coverage
Not every maritime worker qualifies under the Jones Act. One of the early steps in the case process is determining whether the injured worker meets the legal definition of a seaman. This generally depends on job duties and the worker’s connection to a vessel in operation. Employment records, job descriptions, and work schedules are reviewed to confirm eligibility. Our St. Louis Jones Act lawyer team includes Douglas E. Gossow, who brings over 30 years of legal experience.
3. Investigating the Cause of the Injury
Once eligibility is established, attention turns to how the injury occurred. Under the Jones Act, an employer may be responsible if negligence played any role in causing the injury. This can include unsafe work practices, poor training, faulty equipment, or failure to address known hazards. Evidence may include incident reports, witness statements, vessel logs, maintenance records, and safety policies.
4. Evaluating Damages and Ongoing Benefits
After the facts are developed, the next step is evaluating damages. This includes medical expenses, lost wages, and reduced earning capacity. Jones Act claims may also involve pain, suffering, and the impact of the injury on daily life. In many cases, injured seamen are entitled to maintenance and cure benefits while they recover. These payments cover basic living expenses and medical care until maximum medical improvement is reached. Our team always fights for the best results and maximum compensation for our clients.
5. Resolving the Claim Through Settlement or Trial
Many Jones Act cases resolve through settlement once both sides understand the strengths and risks involved. Settlement discussions may occur at several points during the process and can provide compensation without going to court. If a fair resolution cannot be reached, the case may proceed to trial.
Moving Forward After a Jones Act Injury
Jones Act cases involve specific rules that affect both eligibility and recovery. At Goldstein and Price, L.C., we focus on clear facts and steady progress at each stage of the process. If you were injured while working at sea or on navigable waters, we’re just a call away! Contact us today to schedule a consultation with our St. Louis Jones Act lawyer!