What is the Jones Act?
The Merchant Marine Act of 1920, also known as the Jones Act, was created, in part, to provide legal protection to seaman who were often subjected to harsh working conditions while at sea. Modeled after the Federal Employers Liability Act, the Jones Act protects seamen by allowing them to take legal action against employers when they are injured due to negligence on the part of the ship owner, captain, crew or other involved parties.
Under the Jones Act, a maritime employer must provide a reasonably safe place to work, and must use ordinary care to maintain and keep the vessel on which the seaman works in a reasonably safe condition. If the maritime employer fails to do so, and a seamen is injured as a result, the Seamen may assert a cause of action for unseaworthiness of the vessel.
To have a successful Jones Act claim, a seamen must show that the offshore rig or vessel’s owner, operator, officer, crewmember, or other employee was negligent. A Seamen can also succeed by showing the vessel or rig was “unseaworthy” at the time of the accident.
Who is a “Seaman” under the Jones Act?
In order to be a “seaman” under the Jones Act, a worker must meet specific requirements. First, the worker must have a significant connection with a vessel or fleet that is substantial in nature as well as duration. Second, the vessel must be “in navigation.” Third, the worker’s duties and responsibilities must contribute to the function of the vessel or the accomplishment of its mission.
A vessel is “in navigation” if it is engaged as an instrument of commerce or transportation on navigable waters. To recover under the Jones Act, a vessel does not have to be in motion at the time of a worker’s injury in order for him to recover.
Jones Act Injury Claims
Have you or a loved one been injured working on a workboat, offshore rig, or other type of vessel? The attorneys at the Lambert Firm can help. Our Jones Act attorneys have been representing injured seamen, sailors, roustabouts, roughnecks, captains, drillers, oil rig workers, and various other offshore workers for over 35 years. Contact the Lambert Firm today or call 1-800-521-1750 to speak to a Jones Act attorney now.