Case Type: Maritime Accidents
What is the Jones Act?
A series of laws originally passed by Congress in 1920, the Jones Act is designed to protect the rights of maritime workers who have fallen ill or gotten injured while working on the water.
Under the Jones Act, any negligence on the part of the employer which causes or contributes to a crew member’s illness or injury, however slight, is sufficient enough to demand liability from the employer. Simply, anytime a worker is hurt through employer negligence, the case can be taken to court and the employer may be held responsible.
Am I covered by the Jones Act?
Because of the complex wording of the Jones act, many workers are initially unsure if their rights are protected by the Act. Any worker with substantial connection to a vessel in navigation, from captains to busboys and every job in between, is covered by the Jones Act. And the vessel doesn’t have to be actively navigating, either – even if the vessel is docked, if it is currently staffed and in use, it’s considered “in navigation” And that means it’s protected by the Jones act.
What should I do if I’m injured while working on water?
The first and most important thing is to get your injury tended by a licensed medical practitioner, either on your vessel or on land. Once you’ve recovered enough, the next step is to file an official accident report with your employer. This is critical to determine if your case can be covered by the Jones act, so make sure the report is as detailed as possible.
Describe any workplace factors that may have contributed to the accident, such as poor lighting or darkness, slippery floors or surfaces, co-worker negligence, insufficient or defective equipment, insufficient manpower, unsafe procedures, or anything else that may have contributed to your accident. The more information you can provide, the stronger your case will be.