About the Jones Act

Jones Act enables sailors to be compensated in the event that they are injured as a result of the negligence of the ship-owner, the captain, or other crewmembers of the vessel. The act basically makes the injured sailors eligible to receive benefits under another piece of legislation that applies to injured railroad employees. The governing law is found at 46 U.S.C 688(a), which 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 to 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... "

Classification of a Seaman:

Injured workers vessel must be in navigation.
When determining seaman status, the incidents circumstances should not be used as a determining factor, one should use the workers relationship to the vessel.
Injured worker must have been on the vessel to contribute to the function of the vessel.
The connection between the vessel and injured worker must be permanent.

Similar to other statutes that are designed to protect injured workers, the Jones act provides that injured sailors receive temporary monetary payments that the act refers to as "transportation, wages, maintenance and cure". Simply, it's the ship-owner's responsibility to make sure that the injured sailor is returned home, pay a portion of the sailor's lost wages, and provide for all medical care until the sailor has recovered as much as he or she is able. Not only can an injured worker receive compensation for injuries related to negligence they could also make a claim for unseaworthiness against the owner of the vessel. According to statue of limitations a claim must be brought within three years of the injury date.

When making a case there are a few things that one should remember. You have the right to choose your own doctor and obtain a second opinion if you desire. You cannot be fired for consulting with an attorney. You do not have to sign blank medical releases. You have the right to not allow the rehab nurse to sit in on patient visits with your doctor.You do not have to give your employer a statement. The most important thing to remember is to speak to an attorney before you say or do anything that might damage your case.

If you or someone you know has been injured offshore, it's important to seek legal help quickly. At the Ogletree Abbott Law Firm, we have experience helping injured sailors. Contact us anytime by calling our toll-free number 1-800-779-4950 or by emailing us at Info@OgletreeAbbott.com. You can also chat live with one of our attorneys now. Call today. We're here to help you with your Jones Act claims.