Jones Act Negligence Injuries
Jones Act is an on the job injury that occurs on a vessel t sea . To be crew (a seaman) you must be attached to a vessel or fleet of vessels under the same ownership while performing approximately thirty (30) percent of your work, and that work must aid in the mission (job) of the vessel. The Courts have a broad definition aiding in the job of the vessel.
The Owner of the vessel Must keep It in Seaworthy Condition
The burden of proof is preponderance of the evidence (more than 50% percent). Seaworthiness is an interesting concept. It requires the vessel owner to put his vessel in a seaworthy (able to properly go to sea and fully perform the mission of the vessel) condition before the voyage. If he fails to live up to that responsibility and you are injured the owner of the vessel is liable for that un-seaworthiness.
What you Need to Know About Jones Act Jone Act is part of general admiralty law and applies to all crew. If you are injured or fall ill during your course and scope of employment on a vessel; the vessel owner must pay you your living expenses (maintenance) and your medical expenses (cure) until you have reached what is called "maximum medical improvement" (MMI). Failure on the part of a seaman's employer to supply maintenance and cure may subject the employer to severe penalties
Your Special protection Under Jones Act
When you are a Seaman the Jones Act gives you a special type of protection. You are considered to be the "Ward of the Admiralty Court". Proving negligence is quite easily done as it takes only a small amount of proof to prove your injury. You actually have the right, by Jones Act Law, to seize the property of the vessel to protect your legal rights.
An Experienced Jones Act Lawyer Will Fight for Your rights
The ship owners will attempt to attack you, the plaintiff to defeat your Jones Act claim. It is not in their interest to have you succeed. That is why an experienced Jones Act lawyer is necessary.
Who is covered under the Jones Act Law?
The Jones Act only covers seamen who are injured on the job.
Workers on “Vessels”, including offshore drilling rigs , jack-up drilling rigs, semi-submersible drilling rigs and drill ships. Boats, ships, barges, towboats, Freighters, tankers,barges, lay barges, fishing vessels, tugs, crew boats, supply boats, cruise ships, container ship, container ship, fishing ships and boats and even helicopters have been held to be “vessels” under the Jones Act. The Jones Act got it’s name from U.S. Senator Wesley Jones who sponsored the bill.. Those who are crewmembers on movable or jack-up drilling rigs are seamen
Injuries at Sea
Jones Act covers injuries at sea including but not limited to: deaths, amputations, crushings, closed head injuries, spine and back injuries, joint and orthopedic injuries, and soft tissue injuries.
- Slipping on deck
- Getting caught in a moving line and pulled around the drum
- Tripping over a hose
- becoming tangled in a net
- Falling from a ladder
- Being hit by heavy equipment
- Getting caught in machinery
- Hearing Loss
- Carbon Monoxide
- Back Injuries
- Fingers and wrists
- heavy lifting injuries
- Jones Act Slip and Fall Injuries
- Sea Workers Hazard: Fatigue
- Repetitive Strain Injuries
- Jones Act Head Injuries
- Asbestos Dangers at Sea
- Dangers from wind, sea and sun
- Seamen Exposed to Toxic Substances
- heavy lifting
- Being hit by a moving object
- malfunctioning equipment
- Eye Injuries
Jones Act Injuries On Offshore Rigs
Offshore common injuries were from the release of hydrocarbons, objects being dropped, having extreme weather conditions and lifting-operations gone poorly on offshore rigs, fires, defective equipment, falls from heights or accidents with machinery, jack-up rig injuries and crane injuries.
To be covered under the Jones Act, 46 U.S.C.S. 10101(3). you must be a worker on a vessel. The Jones Act is part of the Federal Employees Liability Act.
The Jones Act protects workers on cargo ships, oil drilling rigs, crew boats, barges, transportation boats and dredges. The Jones Act, not only protects the members of a crew, but the masters of that crew as well. That is, anyone who has a connection that is both substantial in nature and duration to a specific vessel, or to a fleet of vessels, and whose duties contribute to the function or mission of that vessel or fleet. The Jones Act covers injuries that occurred at sea as well as injuries which occurred while in transport to a vessel or while a vessel was docked.
To be covered under Jones Act you must have:
- Worked at sea more or less permanently
- Been assigned to a vessel or fleet of vessels
- Worked on a vessel that is still in navigation
- More or Less Permanently
- If the vessel was docked you may still be able to file a claim under the Jones Act.
- You must have spent at least 30% of your time on a vessel at the time the injury occurred.
What type of Vessels are Covered ?
boats navigate waterways including:
- Cargo Boats
- Tug Boats
- Crew Boats
- Drilling ships
- transportation vessels
- supply boats
The Question of In Navigation
The Jones Act requires that a vessel be “in navigation”. This doesn’t mean the vessel actually has to be moving at the time the injury occurred. Instead, “in navigation” is interpreted to mean that the vessel is operating and capable of moving. Vessels that are dry docked or out of service are not covered under the Jones Act law
Your Rights under Jones Act Law
Maintenance and cure which is part of general admiralty law and applies to all crew. If you are injured or fall ill during your course and scope of employment on a vessel; the vessel owner must pay you your living expenses (maintenance) and your medical expenses (cure) until you have reached what is called "maximum medical improvement" (MMI). Failure on the part of a seaman's employer to supply maintenance and cure may subject the employer to severe penalties.
For the Injured Worker Jones Act lawyers understand the Hazards of the sea. Our Seamen are an important part of the economy of this country. Their hard work on the high seas goes back to the beginning of America and before. The Jones Act lawyers of Jones Act Helpline will protect your rights under the law.