A MIAMI, FL ADMIRALTY LAW ATTORNEY DISCUSSES WORKPLACE INJURY JONES ACT CLAIMS

Section 30104 of Title 46—better known as the Jones Act—states:

"Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury . . ."

As a Miami, Florida maritime attorney, my practice is focused on the representation of crew members and other ship workers who have been injured on the job. Oftentimes, these employees of commercial shipping vessels and cruise ships are not familiar enough with the Jones Act to determine whether or not it applies to their injury claim. The following information is meant to serve as a guideline to familiarize individuals employed in the shipping industry with the Jones Act. It is not meant to be construed as legal advice. If you are employed in the shipping or luxury cruise industries and you've been injured aboard a vessel where you are employed, you should immediately contact a maritime attorney who handles personal injury and Jones Act cases.

Who Qualifies Under the Jones Act?

Most seamen and crewmembers who work aboard ships would qualify to make a Jones Act claim if they were injured at work. The Act requires that you spend 30% or more of your work time aboard a vessel or a fleet of vessels. This applies to sea vessels as well as boats, barges, and other watercraft that operate on rivers, lakes, and other inland bodies of water. The vessel does not have to be at sea at the time of the injury; it can be in port or moored to a dock.

What Types of Workplace Accidents are Covered Under the Jones Act?

Shipping companies and vessel owners are responsible for maintaining a safe work environment for their employees. Accidents often occur aboard vessels, but are not always the fault of the ship's owners, management, or crewmembers. If you've suffered a work-related injury while aboard a ship, it is in your best interest to allow a qualified maritime law attorney to review your case and determine whether employer negligence contributed to your accident.

What Damages Can I Recover Under the Jones Act?

The Jones Act allows for injured seamen and crew members to be compensated for medical expenses, lost wages, pain and suffering, disability, and loss of earning capacity. A qualified maritime attorney can assist your with the calculation of your losses due to a Jones Act workplace injury.

What Should I do if I'm Injured?

If you are injured aboard a vessel, you should immediately seek medical attention. Then report the injury to your employer and supervisor as soon as practical. If you are dissuaded from making an injury report, or your supervisor refuses to file one, contact a maritime personal injury lawyer immediately. The statute of limitations for most maritime torts—including Jones Act claims—is three years. However, any delays could hamper your attorney's ability to successfully pursue your claim.

If you've been injured while working aboard a ship, boat, or other vessel, contact a reputable maritime attorney who has extensive experience in handling Jones Act claims immediately.