How Does the Jones Act Protect Me?

Many individuals support their families with the money that they make working on the rivers, lakes, oceans, and bays within our country. Obviously, a job on any waterway can be a dangerous one. It doesn’t matter if you are a captain, deckhand, fisherman, or cook – a job on a boat has its downfalls. Slippery decks cause several injuries; however, negligence of other crew members is one of the more common causes of injury on the water.

There is a reason for every law and the Jones Act is no different. Had it not been for the courts refusing to recognize the rights of maritime workers and dig further into the cases that they attempted to file against negligent employers, the Jones Act would not exist.

Think about it. How many vessel owners think that they can get “one more trip” out of their boat before they have to make that repair? The Jones Act protects maritime workers from employers like this. It was created in order to allow injured maritime workers the opportunity to file suit against their employer when an injury has been sustained due to negligence on behalf of a crew member, captain, or vessel owner (employer) himself. The Jones Act also enables family members of deceased maritime workers to file suit if it is suspected that negligence was involved in, and ultimately caused, the death of their loved one.

The Jones Act does have some similarities when compared to Workers’ Compensation laws; however, there are very specific differences between the two. For instance, the Jones Act governs maritime workers only. In fact, with the Jones Act, workers are usually entitled to much more than what Workers’ Comp laws would provide to an injured worker. With the Jones Act, maritime workers are able to be compensated for their injury, their time off of work, and their medical bills – even future medical bills that occur due to this single injury. Of course, speaking with an attorney who specializes in this area would be your wisest decision if you are an injured maritime worker.

Can I Represent Myself Under the Jones Act?

If you are hurt during your employment on any water going vessel, your rights are protected under the Jones Act. Most feel that it is most wise to retain the services of an attorney when dealing with a case that falls under the Jones Act; however, some individuals would rather attempt to represent themselves – and that is perfectly fine, as long as you know full well what they are getting themselves into.

You see, the Jones Act entitles maritime workers to a specific set of rights by law; rights that normal Workers’ Comp laws either do not cover at all, or do not cover to a degree that is fit for a maritime worker. With these specific laws, there are also specific procedures and time frames that must be met in order for a claim to be valid. For instance, if there is not enough clear evidence, your case will likely be denied. Therefore, although it is completely possible for an individual to represent themselves under the Jones Act, it usually does not return the results that one might expect.

The number one reason that individuals choose to represent themselves is to attempt to retain the cash amount that the attorney would have received, which is usually between 10 – 20% of the settlement amount. What some individuals do not realize is that, without an attorney, the amount of the settlement will likely be much less. This is because an attorney who has represented individuals in such cases before will know exactly what expenses or monetary compensation you should be entitled to receive. Many individuals that choose to represent themselves do not realize the many different things that can be included in such a suit and, if they do, it’s likely that they do not know how much they can actually ask to be compensated for.

So, if you are a maritime worker who has been injured while performing your maritime tasks and you are thinking about representing yourself, take the time to review the law and make sure that you fully understand it before you attempt to take on such a feat without the help of an attorney.

The Origination of the Jones Act

Many of our nation’s individuals make their living working on the boats and ships that travel our oceans and waterways. The unfortunate fact is that so many of these individuals are not aware of the laws that have been enacted to protect them. The Jones Act was established to protect maritime workers when they are injured or killed on the job if negligence can be established.

The Jones Act was signed into federal law in 1920 because of the growing negligence of the employers of the time. The law enables maritime workers who are hurt while completing their duties to sue their employers to be properly compensated for their injury. However, the Act can only be enforceable if the injury was caused due to the negligence of an employer to properly maintain the vessel or if the injury could have been prevented if the captain or another crew member had not been negligent. However, the truth is that many individuals are injured for exactly those reasons.

Prior to the Jones Act being established, seamen had no chance of suing their employer and winning. The main reason for this was because, at that time, they had to prove negligence of the owner of the ship and not the negligence of another crew member or shipmaster. When the law was examined more closely, specifically between the years of 1903-1918 when the law was challenged, it was decided by Congress that something had to be done to change what was already in place.

Although some minor adjustments and more clearly defining insertions have been made since this time, the Jones Act that was set into law in 1920 is the one that still governs the rights of injured seamen today. If you are a maritime employee, you should become familiar with the Jones Act. This law could quite possibly provide for you and your family if you should ever become injured while performing your maritime duties.