The Jones Act provides protection for seamen from negligence of the owner of the vessel of the ship's captain or crew. Working on ships is not the same as working in an office. There is an inherent danger faced by many people working on ships. .The Jones Act considers this danger level and provides legal options for seamen hurt on the job At the same time, the Jones Act also holds the ship's owner responsible for the seaworthiness of the vessel. The seaman may also bring charges that the ship was not seaworthy. These claims can add up to large sums of money if awarded. How does a seaman begin the process of filing a claim under the Jones Act?
All sailors are due maintenance and cure when injured, whether they qualify as a Jones Act seaman or not. This comes from traditional maritime law. Maintenance is a daily allowance of money to cover board and food that would have been covered onboard ship otherwise. Cure is providing medical care and rehabilitation until the maximum amount of improvement comes. At that point, the obligation of the employer usually stops. The person is on their own to make a living or not. The Jones Act provides further protection however.
The first question is if a seaman qualifies to make claim. The person must prove they qualify as a Jones Act seaman. The Supreme Court provided guidelines that a person qualifies if they work more than 30% of the time on a qualified vessel. The vessels cover a wide range of boats and ships. Those working on charter boats make claims. Those sailing tankers and barges qualify as well. People on offshore drilling rigs make the list as well. Cruise boats and casino ships qualify. Anyone employed on those vessels usually qualify under this Act.
If the person qualifies, the seaman must sue the appropriate parties at either the Federal or state court level. A qualified attorney may be the best way to do this. Filing suits involves paperwork and fees that many people do not understand. If the sailor proves in court that negligence or an unseaworthy vessel caused their injuries, he or she may be eligible for large compensatory awards. This regulation is a means of giving ship owners incentives to make working at sea as safe as possible. However, time is not on the side of the seaman. You must file suit within the two-year statute of limitation.
If you find yourself injured on a water vessel and in need of a Maritime Attorney, please contact www. smslegal.com
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