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If you suffer an on-the-job injury and are a seaman, an officer, a harbor pilot, an oil worker, a technician, a helicopter pilot, or work on a tugboat, barge, ship, supply boat, semi-submersible drilling rig, or jack-up drilling rig, you may have a claim against your employer under a Federal Workers compensation statue known as The Jones Act. The Jones Act 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 vessel. You should consult with a lawyer to see if you qualify for Jones Act benefits.
Jones Act FAQs:
- What is the Jones Act?
- Am I eligible for benefits under the Jones Act?
- What is the difference between Jones Act benefits and Workers’ Compensation?
- Can I qualify for Longshore benefits and Jones Act benefits?
- What type of Jones Act benefits can I receive?
- If I am injured on the job, what is the first thing I should do?
- How much will it cost me to hire a lawyer?
- Why should I hire a lawyer to handle my Jones Act claim?
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What is the Jones Act?
The Jones Act is a federal statute that provides seamen with a negligence-based cause of action against his or her employer with the right to trial by jury. The U.S. Congress enacted the Jones Act when injured seamen were denied compensation unless they were able to prove that their injuries resulted from an unseaworthy condition of the ship.
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Am I eligible for Jones Act benefits?
You should be eligible for Jones Act benefits if you (1) have a connection to a vessel in navigation (or identifiable fleet of vessels) that is substantial in duration and nature; and (2) you contribute to the function of the vessel or to the accomplishment of its mission.
You may also be eligible if you work on offshore oil rigs which can be towed and are not permanently affixed to the ocean floor. |
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What is the difference between Jones Act benefits and Workers’ Compensation?
The Jones Act is a federal law which may entitle an injured worker to significant cash settlements if the slightest negligence is involved. Injured workers covered under the Jones Act should be careful about making claims under Workers’ Compensation or the Longshore-Harbor Workers’ Act because it is possible to lose rights if the worker elects benefits under other laws. |
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Can I qualify for Longshore benefits and Jones Act benefits?
No. You are either a seaman under the Jones Act or you are a longshoreman under the Longshore Act. The law in these two areas is very particular and oftentimes complicated. You should consult with an attorney to determine your proper status under the law. |
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What type of Jones Act benefits can I receive?
Jones Act benefits are referred to as "maintenance and cure." These benefits are similar to those available through traditional Workers' Compensation programs.
- Maintenance is paid out in a daily allowance, usually about $10 to $40 per day, to cover the food and shelter the injured seaman would have received aboard the vessel had the injury not occurred.
- Cure represents the employer's obligation to provide an injured seaman with appropriate medical care, hospitalization, and rehabilitation services, until the injured seaman reaches maximum medical improvement.
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If I am injured on the job, what is the first thing I should do?
Report your accident or injury to your employer as soon as possible and get a copy of the accident report for your records.
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How much will it cost me to hire a lawyer?
You pay nothing if you do not receive a settlement or award. |
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Why should I hire a lawyer to handle my Jones Act claim?
An experienced lawyer is more likely to get you all of the benefits you deserve. Settlements in Jones Act cases can be significant and the law complex. Injured workers should consult with a lawyer early in the case and be aware of the employer’s desire to minimize their losses.
A lawyer will make sure that your interests are aggressively represented through the administrative process, that your losses are fully compensated and will negotiate settlement of your claim should you decide to settle for a lump sum payment. |
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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