The Jones Act, or The Merchant Marine Act of 1920, is legislation passed by the federal government that requires various practices and procedures to be followed by United States ships and vessels. Injured sailors and seaman were enabled under the Jones Act to obtain damages from their employers for the negligence of the shipowner, the captain, or members of the crew. The Jones Act essentially took the Federal Employers Liability Act, or FELA, and extended it to sailors. The Jones Act 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. . . .” Seaman have been defined by case law as a worker who spends over 30% of his/her time servicing a ship on navigable waters.
Injured seamen under the Jones Act are entitled to "maintenance and cure," which means living expenses while recovering as well as medical care and expenses. This is similar to the state Workers Compensation programs. Maintenance and cure must be provided by the owner of the vessel even if there was no negligence contributing to the injuries of the sailor. In addition, unseaworthiness of the vessel may have contributed to the sailor’s injuries and therefore the ship owner or shipping company may be liable. The sailor can sue for damages beyond maintenance and cure, including past and future wages, medical care, and pain and suffering.
Unseaworthiness may include things such as: defective ship or parts of the vessel, improper safety procedures, putting profits over safety by forcing operation of the vessel in bad weather conditions, negligence and alcohol use by captain and crew, etc.
If you or a loved one were injured on a vessel, you may be entitled to damages under the Jones Act. In addition to medical expenses and living expenses during recovery, you may also be entitled to compensation for lost wages, both past and future, and pain and suffering. We have represented many seamen injured on oil rigs and vessels in the waters off Louisiana and other parts of the Gulf of Mexico. Contact our Jones Act lawyers today to discuss your maritime accident case by filling out our form or calling 1-800-440-1934. The initial consultation is free, and there are no legal fees unless we win your case.
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