The Jones Act is part of the Merchant Marine Act of 1920, a federal law passed by the United States Congress. The Merchant Marine Act regulates maritime activity in the United States and in U.S. ports.
The Jones Act was first adopted in 1920 and re-codified on October 6, 2006.
Part of the Jones Act deals with seaman's rights after a maritime injury. Before the Jones Act was passed, seaman's rights were a matter of Admiralty law, decided by the Courts. Seaman's rights had been recognized for centuries but were not part of the United States Code.
Who Can Bring A Case Under The Jones Act?
The Jones Act allows injured "seaman" to bring a legal claim for damages against the shipowner, captain, and crewmembers for negligence or unseaworthiness. Injured seamen can also bring a claim for maintenance and cure. If the employer wrongfully denies maintenance and cure, the injures seaman can bring a claim for punitive damages.
The Jones Act is an extension or addition to the Federal Employee's Liability Act, a law passed by the U.S. Congress to protect injured railroad workers.
The Jones Act only applies to "seamen" injured in the course of their employment. In 1995, the U.S. Supreme Court in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995) set forth the standard test for determining whether a maritime employee qualified as a Jones Act seaman.
Essentially, any worker who spends less than 30% of his or her time on a vessel in navigable waters is presumed not to be a seaman.
However, this is just a Rule of Thumb. You may be a Jones Act seaman if you spent less than 30% of your time on a vessel, and conversely, you may NOT be a Jones Act seaman if you spent more than 30% of your time on a vessel. An experienced maritime injury attorney can analyze the facts of your case and determine if you are a Jones Act seaman or not.
Do Jones Act Seamen Get a Jury Trial?
Any injured worker who qualifies under the Jones Act is entitled to bring his or her case in state or federal court and is entitled to a jury trial.
What Benefits Are Available Under the Jones Act?
Seaman are entitled to many benefits under the Jones Act. Here are some benefits:
Maintenance and Cure
Unearned Wages
Lost Wages, Past and Future
Damages for Personal Injury Including Pain and Suffering, Disfigurement, Impairment, and Loss of Enjoyment of Life (If the company was neligent).
How Much Is My Jones Act Case Worth?
Determining how much money your Jones Act case is worth is a complicated question. The value of your case will be determined by many factors, including whether the company was negligent, whether the boat was unseaworthy, whether the company is paying your maintenance and cure benefits, how badly you are injured, your lost wages, and whether you will be able to work again.
Read this article to get more information: Settlement Values for Jones Act Cases
Read the Full Text of the Jones Act
Click Here if you want to read the full text of the Jones Act Act.
However, the Jones Act has been interpreted by the Courts for many different types of cases, injuries, and accidents, so simply reading the Jones Act is not likely to give you enough information to evaluate your case.
Do I Need to Hire At Attorney For My Jones Act Case?
Contrary to popular belief, you may not need an attorney for your Jones Act injury case. If your case involves minor injuries, you may not even need an attorney.
Read this article to find out more about whether you need an attorney:
Helpful Tips For Finding The Best Attorney For Your Jones Act Case
Also, although it seems relatively rare, if the company is treating you well after an injury, you may not need a Jones Act attorney immediately.
Be careful with this situation, though. Sometimes the company may be treating you well but actually working "behind the scenes" to minimize your case, blame you for the accident, or even eliminate completely your legal rights under the Jones Act.
Protect Your Future
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