To put it simply, the Jones Act is a means by which an employee injured at work on a navigable waterway may recover compensation for their injuries. To recover under the Jones Act, the injured individual must qualify as a Jones Act “seaman.” This distinction is important because whether the injured worker qualifies as a seaman will determine how they can recover for their injuries. If you are injured on the water, it is important to speak with attorneys like those at our firm who have experience with Jones Act cases to ensure you receive the compensation you deserve. Determining whether an injured maritime worker qualifies as a Jones Act seaman can have a significant impact on the remedies available, making the guidance of a St. Louis, MO Jones Act lawyer an important consideration after a work-related injury on navigable waters.
What Is the Jones Act?
The Jones Act was enacted in 1920 to provide remedies to certain maritime employees injured at work. To bring a Jones Act claim, the injured worker or their representative must prove that (1) the worker is a seaman; (2) the worker was injured or killed while working for the employer; (3) the employer was negligent; and (4) the employer’s negligence caused the injury or death.
What Is a “Seaman?”
The term “seaman” is broader than it may seem. It does not require the injured worker to have been working on a vessel operating at sea. The term also encompasses workers on other navigable waters, such as the Great Lakes or major rivers like the Ohio River or Mississippi River.
Determining whether someone qualifies as a seaman under the Jones Act can be complicated because Congress did not define the term when it enacted the law. The Supreme Court has filled that gap by establishing the following requirements for seaman status:
- The employee must work in service of a vessel;
- The vessel must be in navigation; and
- The employee must spend at least 30% of their time in service of the vessel.
Each of these requirements has been carefully examined by courts on many occasions, and the question of seaman status is rarely straightforward. It is important to work with an attorney who has experience handling Jones Act cases.
What Should I Do If I Am Injured While Working on the Water?
If you are injured on the job while working on the water, you may be able to recover under the Jones Act. The first priority is seeking the medical care you need. Once safe, contact a knowledgeable maritime attorney as soon as possible, because strict time limits apply to Jones Act claims. Failing to meet these deadlines could mean losing your right to recover entirely. The attorneys at Goldstein and Price, L.C. have the knowledge and experience to guide you through the complex process of litigating a Jones Act claim