The Jones Act is a federal law passed in 1920 by Congress which provides protection to workers who are injured during the course and scope of their employment on a vessel. The Jones Act defines workers as “seamen” and employers as “ship owners.” Courts in the United States have interpreted the meaning of “vessel” to include various offshore oil rigs, including jack-up rigs, drill ships, casino boats, crew boats, tugs and tow boats, passenger ships, platforms, fishing boats, barges, freight ships, and many other types of ships and vessels.
A “seaman” under the Jones Act includes any person who furthers the mission of a vessel. The vessel must be in navigation, the seaman must be aboard the vessel, and the seaman must have some sort of permanent connection to the vessel. The term “in navigation” does not mean that the vessel actually must be moving but only that it is in active operation and not those that have been permanently moored or taken out of service. In order to be a “permanent connection”, the seaman only to establish that his job is not land based and that his presence on the vessel was not just temporary.
An owner of a “vessel” may be liable to an injured worker on a vessel if the vessel is “unseaworthy.” Unseaworthiness refers to any unsafe condition on a “vessel” which causes an injury. The vessel owner has a duty to provide a safe work place. As stated above, the term vessel includes offshore oil rigs and platforms, barges, drill ships, and the various other types of ships and vessels. Unseaworthiness can include conditions that could have been avoided by the company if the company had properly maintained, inspected, and corrected the unseaworthy condition. Examples of unseaworthy conditions may include defective equipment, having insufficient workers, or not ensuring that surfaces are slip proof. Whether a vessel is unseaworthy can be a complex issue in some cases. Courts across the United States have made decisions on whether a vessel is seaworthy or unseaworthy in several decisions which have been brought before them and defined specific conditions which may satisfy the definition of “unseaworthy.” A maritime attorney can determine whether a vessel was unseaworthy and wade through the issues complicated by the analysis of the courts which have interpreted the definition.
Jones Act benefits for injured seamen include: maintenance, cure, and damages for personal injury. Maintenance includes the expenses of room and board, including rent, food, and basic necessities for survival until the worker reached maximum medical improvement. Cure benefits include reasonable and necessary medical care for a seaman’s recovery. Employers owe a duty to pay a seaman the unearned wages he would have earned on the voyage if he had not been injured regardless of any fault of the employer. Under the Jones Act, damages for personal injury are available to maritime workers when the injury is caused by the unseaworthiness of the vessel or by the slightest degree of negligence of the employer.
Jones Act claims may arise from a personal injury, emotional and mental injuries caused by exposure to a “zone of danger” such as an explosion, and death.
If you believe you have a Jones Act claim and would like to speak to a maritime attorney, please contact us immediately for a free consultation to evaluate your case at 1-877-892-2797.
