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Learn More >>Jones Act Claims
Only maritime workers, who meet the definition of a Jones Act seaman, are eligible to file Jones Act claims.
A Jones Act claim therefore, may be filed by tankermen, galley hands, deckhands, cooks, roustabouts, cruise liner crews, shrimp boat and other fishing vessel crews, and any other workers who meet the definition of a seaman as defined by the Jones Act.
Jones Act Claims vs. WC Claims
Jones Act claims are filed against the worker's employer, or in case of unseaworthiness of the vessel, against the owner of the vessel. Jones Act claims differ from Workers' Compensation claims in one very vital aspect. Claims under the Jones Act require that your maritime lawyer show that your employer was negligent and this caused an injury, or failed to take precautions that would have prevented an injury. Workers' Compensation claims, on the other hand, do not require you to prove any kind of negligence on the part of the employer.
However, a Jones Act claim of negligence against an employer does not need to be based on substantial negligence by the employer. Even slight or minor negligence may be enough for a successful claim.
When are Jones Act Claims Filed?
A claim may be filed when a Jones Act seaman is injured, or when a seaman is killed while in the service of a Jones Act vessel. In case of death of a seaman, your maritime attorney may choose to file a wrongful death claim under the Jones Act. Depending on the location of the death and other factors, your maritime attorney may also choose to file a claim under other maritime laws, like the Death on the High Seas Act. A Jones Act claim must be filed within three years from the date of injury.
Typically, most of these claims result from injuries that occurred on a vessel. However, a worker doesn't have to be injured on a vessel to be eligible to file a claim. A Jones act seaman may be eligible to file a claim even if his injuries occurred on land. As long as he qualifies as a seaman under the Jones Act, and as long as he can prove he was in service to the vessel at the time of the injury, the location of the injury may not matter much. There are no special state administrative agencies that hear these claims. Instead, Jones Act claims are filed in federal court.
A Jones Act claim can be one of the most complex civil actions. This is a specialized branch of maritime law that deals exclusively with the rights of seamen, and so, is best handled by maritime attorneys, who are also Jones Act lawyers. The Jones Act lawyers at Schechter McElwee Shaffer and Harris have decades of experience helping seamen file Jones Act claims. Contact a maritime attorney at our office for a free initial consultation about your claim. We do not charge a fee until we win your claim for you.
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