Do I Need A Maritime Attorney For Jones Act Claims?

Unlike workers’ compensation claims, the Jones Act allows you to sue your employer for sustaining a work injury that is their fault.

The Jones Act differs from a worker’s compensation claim because it allows an employee to sue a company for negligence that causes injuries. It also gives the employee up to three years from the date of the injury to file a lawsuit. Additionally, seamen are entitled to a wide range of damages, including lost wages past and future, loss of earning capacity, loss of love and affection, pain and suffering, medical expenses past and future and sometimes even attorney fees and costs of litigation.

Determining whether a maritime worker is a Jones Act seaman is a case by case analysis that requires an experienced maritime lawyer. In addition to the crewmembers of inland drilling barges, dive boats, drill ships, cargo vessels, push boats, supply boats, crew boats, crane barges, construction barges, fishing vessels and the like, other maritime workers can also be considered seamen in certain circumstances.

For instance, cover stackers on the river are often assumed to be longshoremen, not seamen, but it is not a bright line rule. That’s why you should always call an experienced maritime lawyer if you’ve been hurt on or near the water, just to be certain you don’t have more rights than your employer says you do.