When you’re injured at work, understanding your legal options is difficult—it’s even harder when you work in the maritime industry and your injury options are bound by an entirely different set of laws. The Jones Act is one of the most commonly discussed maritime laws, but does it apply to all maritime workers? BoatLaw, LLP is here to help you understand your next steps.
The attorneys at BoatLaw, LLP focus exclusively on maritime injuries. Regardless of what role you play in the maritime industry, you are protected by maritime law—but knowing which laws protect you can help you streamline your injury claim. Call us at 1-800-BOATLAW or visit our maritime law firm at 704 South Spring St, Los Angeles, California to find out how our unsafe working conditions lawyers can help you.
What is the Jones Act?
When you hear about maritime injuries and victims seeking compensation, the Jones Act is often the first to come up in discussions of unsafe working conditions. While there are many aspects of the Jones Act, the legal protections for maritime workers are certainly an important component. This federal law offers legal protections to seamen who are injured while working. While general maritime work allows workers to seek maintenance and cure after an injury, regardless of fault, maintenance and cure does have its limits. It may not cover full lost wages and victims are unable to seek losses for pain and suffering.
The Jones Act changes that. If a seaman is able to prove negligence on the part of their employer or vessel owner, they may be able to demand additional compensation.
Who’s Covered by the Jones Act?
While the Jones Act does cover a significant portion of those who work within the maritime industry, unsafe working conditions lawyers don’t go this route for every injured maritime worker. Only those who are classified as seamen can seek additional compensation via the Jones Act. You may be considered a seaman if you spend the majority of your time working on a vessel in navigation, which is to say that the vessel must be afloat, operational, and moving or capable of moving. On top of that, your job duties must contribute to the vessel’s overall mission or function.
Another criteria you must meet is a substantial connection to a vessel or fleet of vessels. For example, you may meet this criteria if you spend most of your work time on a single vessel or on a group of connected vessels.
Other Laws Protecting Maritime Workers—and Who They Protect
One of the most well-known pieces of legislation that protects maritime workers is the Longshore and Harbor Workers’ Compensation Act. Your unsafe working conditions attorney may go this route if you are a harbor worker, longshoreman, or other maritime workers who spend much of their time on or near navigable waters. This law covers losses suffered by those working on docks, piers, terminals, and shipyards.
Another option available in some cases is the Death on the High Seas Act. If a maritime worker dies while working more than three nautical miles from the American shore, their surviving family members may be entitled to certain forms of compensation with the help of an unsafe working conditions law firm. For example, they may be able to request compensation for loss of financial support and burial costs.
Of course, there’s also general maintenance and cure, which is permitted under maritime law. Maintenance and cure allows injured or ill seamen to receive compensation for daily living expenses while they recover. Compensation only covers basic living expenses, such as a mortgage or rent, food, and utilities—not anything considered unnecessary. The cure part of maintenance and cure covers an injured seaman’s medical expenses and treatment until they reach the point of maximum medical improvement. The benefit of maintenance and cure is that it does not require the injured seaman to prove negligence on anyone’s part; simply by being injured as part of their maritime work, they are generally permitted to receive maintenance and cure. However, workers may still be denied maintenance and cure—and at that point, they should reach out to an unsafe working conditions law firm.
Explore Your Legal Options With BoatLaw, LLP
As an injured maritime worker, your next call should be to an unsafe working conditions attorney. Discuss your issues with the BoatLaw, LLP team now—call us at 1-800-BOATLAW or get in touch online now.
Douglas R. Williams was raised in a military family. After retiring from the armed forces, his father sailed as the chief medical officer with many of the most popular cruise lines, including Holland America Line, Carnival Cruise Line, Disney Cruise Line, and Norwegian Cruise Line. When not in school, Doug spent a good part of his youth in the crew quarters sailing with his father on cruise ships. He developed a practical knowledge of the maritime industry from a young age. Learn More here.
