The Jones Act is a federal law that provides a cause of action, or the right to bring a lawsuit for monetary compensation, when an employee working aboard a commercial vessel is injured due to the fault of their employer. While most employees in the United States who are injured at work are restricted to filing a workers’ compensation claim, seamen who work aboard commercial vessels can file a lawsuit directly against their employer under the Jones Act. Workers’ compensation uses a predetermined formula to calculate what an injured employee is owed based on the severity of the injury and their wages. The Jones Act is less formulaic, allowing a court or jury to determine compensation for lost wages, lost earning capacity, pain and suffering, and more. As a result, Jones Act damages awards are typically far greater than what is paid under a comparable workers’ compensation claim. Because the Jones Act allows eligible maritime workers to pursue damages beyond those typically available through workers’ compensation, an Alton, IL Jones Act lawyer can help evaluate potential claims arising from injuries sustained aboard commercial vessels.
Who Qualifies as a Seaman Under the Jones Act?
The Jones Act is only available to seamen, so it is essential that a plaintiff confirm they qualify before bringing a claim. To satisfy the test for seaman status, a plaintiff must be (1) an employee whose duties contribute to the function of a vessel and the accomplishment of its mission, and (2) have a connection to a vessel in navigation, or an identifiable group of such vessels, that is substantial in both duration and nature. While this test can be complex in application, many injured employees work in roles widely recognized as traditional seaman roles, such as cooks, deckhands, pilots, mates, and onboard engineers. More borderline cases of seaman status are discussed in our blog on seaman status.
What Should an Injured Seaman Do?
Once injured, the most important step for a seaman is to seek medical care and ensure their safety. Seamen should also report all injuries to their employer promptly. Once safe and receiving proper care, an injured seaman can bring a claim in court with the help of an experienced maritime attorney. Jones Act claims can be filed in either federal or state court, depending on the seaman’s preferences, procedural constraints, and litigation strategy. An experienced maritime attorney can help evaluate these options and use them to strengthen the merits of a claim.
It is also critical that injured seamen not delay in speaking to an attorney. The Jones Act imposes a statute of limitations of three years in most cases, meaning a seaman who waits too long may lose the right to bring a claim entirely.
What Other Claims May Be Available?
A Jones Act claim is a unique claim that requires the right knowledge and strategy. It is often one of three claims available to injured seamen, alongside claims for vessel unseaworthiness and maintenance and cure. Because of the many moving parts and the complexity of maritime law, injured seamen should strongly consider retaining an experienced maritime attorney to help them pursue all available claims and maximize the compensation they are entitled to.
The attorneys at Goldstein and Price, L.C. have been handling Jones Act and maritime injury cases for over 65 years. Contact us today to discuss your claim with an experienced maritime attorney.