The Jones Act - Maritime Injury Claims

By Aaron Larson

March, 2005

Contents

• What Is The Jones Act?
• What Is an Unseaworthy Vessel?
• Maintenance and Cure Benefits
• Third Party Liability

Most people have never been aboard a freighter, and thus aren't aware that a ship can be a very dangerous place to work. Seamen may suffer grave injury while at sea, and it may take days before they can get the medical care they need. The Jones Act was enacted in recognition of the special circumstances and dangers faced by maritime workers. An injured seaman's employer may be liable under the Act for even a small breach of duty which contributed to the seaman's injury. Litigation under the Jones Act seeks to recover damages, possibly including lost past and future wages, medical expenses, and compensation for pain and suffering, mental anguish, and disfigurement.

What Is The Jones Act?

The Jones Act is a federal law permits injured seamen to seek compensation for injuries resulting from the negligence of their employers or co-workers during the course of their employment on a U.S.-flagged vessel. The Jones Act recognizes the dangers posed by maritime work, even where a seaman voluntarily performs high risk work while fully aware of the dangers involved. Even slight negligence by an employer which contributes to a seaman's injury can support a Jones Act claim. In addition, an injured seaman may also make a claim against the owner of a vessel on the basis that the vessel was not seaworthy. An employer may also be liable for its failure to provide a seaman with adequate medical care.

What Is an Unseaworthy Vessel?

The owner of a vessel owes a seaman an absolute duty to provide a seaworthy vessel. A vessel is considered to be seaworthy if it is reasonably fit for its intended use, is equipped with appropriate equipment and safety gear, has a competent crew, and is a safe place to work and live. However, a vessel does not need to be on the verge of sinking in order to be found "unseaworthy". Also, a vessel may be seaworthy at the time it leaves shore, but become unseaworthy on the basis of dangers or events which arise during its voyage. A claim that a vessel was not seaworthy is frequently brought at the same time as a claim under the Jones Act.

Maintenance and Cure Benefits

In addition to Jones Act remedies, a seaman who is injured on a vessel has the legal right to receive "maintenance and cure" benefits, regardless of who is at fault for the seaman's injury. "Maintenance" comes in the form of a daily allowance, usually about $10 to $40 per day, which is intended to cover the food and shelter the injured seaman would have received aboard ship had the injury not occurred. "Cure" refers to the empoyer's obligation to provide an injured seaman with appropriate hospital, medical, and rehabilitative care, until the seaman's injuries reach the point of maximum medical improvement. (The obligation to provide maintenance and cure ends when the seaman's injuries reach maximum medical improvement, even when the seaman will never fully recover from the injuries and will never be able to return to work.)

The Longshore and Harbor Workers' Compensation Act provides compensation to certain maritime workers who are not seamen.

Third Party Liability

Under certain circumstances, such as where the injury suffered by a seaman is caused by an employee of an independent contractor aboard a vessel, it may be possible for the injured seaman to pursue a personal injury action against that independent contractor in addition to the Jones Act claim.

An injured seaman will benefit from consulting with a qualified attorney, experienced with maritime injury matters, who can identify all available sources of recovery.

Injured maritime workers should never accept a settlement offer from their employer or a ship owner without having the offer reviewed by a qualified attorney. The chances are very high that the offer will be for a mere fraction of the amount to which the injured seaman is entitled, and will be offered under terms which will prevent the seaman from seeking any additional compensation.