More formally known as the Merchant Marine Act of 1920, the Jones Act is a federal law regulating maritime commerce in U.S. waters and between U.S. ports. Among other things, the Jones Act gives working seamen the right to sue their employers for injuries incurred while working on a ship when they are the result of negligence by the company, the ship’s officers or a crewman other than the injury victim.
Essentially, the Jones Act is like Workers Compensation for people who work on board ships and other vessels while at sea. This includes ships and boats operating on fresh water like the Great Lakes. The Jones Act was put in place because shipboard professions have an inherent amount of danger but Workers Compensation does not apply to offshore activities.
Though providing a similar function as Workers Compensation, the Jones Act is different in many ways. The most substantial is that the injury victim must file a lawsuit and prove the employer is liable. The tradeoff is that the damages that an injury victim can recover aren’t limited the way Workers Compensation damages are. Below are more details on what you need to know about Jones Act claims if you’re an injured seaman.
No restrictions on recovery of damages — As long as an injured seaman can prove his employer’s liability for his/her injury, the seaman can receive compensation for all the costs and pains suffered as a result of the injury. This includes economic damages, such as medical costs and loss of income, as well as non-economic damages, such as pain and suffering or psychological damages.
No regulated form of insurance — While ships and the companies that operate them are required to have a minimum amount of liability insurance, the terms of this insurance aren’t the same from policy to policy and some companies self-insure themselves. These differences can make outcomes of Jones Act claims less predictable.
Injury victim must file a federal lawsuit — Whereas Workers Compensation cases are filed with the Bureau of Workers Compensation and car accident injuries go before state courts, maritime injury cases and Jones Act claims must go before federal court because off-shore commerce is the jurisdiction of the federal government. The victim must hire a lawyer and file the lawsuit in federal court. If a settlement can’t be reached, the case must go to trial to be resolved.
Jones Act only applies to employees who work at sea — The Jones Act only applies to people injured while working on a ship or boat in navigation (at sea) on which they were hired to work and are essential to the mission of that vessel. It does not apply to passengers, recreational boaters, stow-aways, dock hands, loaders, or maintenance crew who are only aboard when the vessel is docked. It does apply to officers and all crew members, including crew members who attend to passengers or cargo rather than ship operations. In some limited circumstances, the act may also apply to individuals not normally considered crew members so long as they fill a function essential to the ship’s mission. For example, a scientist aboard a science vessel is likely to be covered, but the scientist’s wife who is along for the ride would not be. Except for stow-aways, most people on a ship or boat have recourse for any negligence-related injuries they incur at sea. They just aren’t part of the Jones Act and have different rules.
Injury Victim Must Prove Employer’s Liability — Unlike Michigan no-fault car accident cases and Workers Compensation claims, under the Jones Act an injured seaman must prove that his or her injury was the result of negligence by the ship’s owner, officers or crew other than the injured seaman. An employer is not liable for the negligence of the injury victim, the negligence of anyone on board without permission, officers or crew of another company’s ship, of factors beyond the employer’s control and not something that can reasonably be prepared for. An employer is liable for condition of the ship and the training, preparedness and actions of the crew and officers. In some cases, an employer may also be liable for actions of passengers.
Investigation by Experts Usually Required — Because the injury victim has the burden to prove his employer’s liability, succeeding with a Jones Act claim usually involves hiring experts to determine how the accident occurred, whether it could have reasonably been prevented, and who is at fault. Such investigations are expensive and time consuming. Expert fees are usually paid up front, either by the victim or the victim’s attorney, and reimbursed out of the damages recovered, but someone must have the resources to hire the expert. Additionally, someone must have the resources to pay for the injury victim’s medical treatment and cost of living until the case is completed and the damages received. For this reason, it is essential to weigh the potential value of the claim against the cost and time of litigation before filing a Jones Act lawsuit.
In Michigan, Sachs Waldman, P.C., helps seamen injured at sea evaluate their situation and litigate Jones Act claims against liable employers. Our experienced maritime injury attorneys understand the intricacies of maritime law, the Jones Act and other factors involved in proving an employer liable for injuries, and Sachs Waldman has the resources to secure necessary experts and ensure the best outcome possible. If you’re a seaman injured while working on a ship, call our Detroit personal injury attorneys’ office at 1-800-638-6722to schedule a free consultation.
© 2024 Michigan Injury Attorneys
View Our Disclaimer | Privacy Policy
Detroit Personal Injury & Car Accident Attorneys