Am I Covered Under the Jones Act?

The Jones Act applies to seamen who are working in service to a vessel in navigation. While this does not require that the vessel be moving, it does require that the vessel be in active operation. The court will review the activities of the vessel to determine the status. The definition of seaman within the Jones Act is loosely defined and is often left to the discretion of the judge trying the case. Primarily, an employee must have a substantial connection to a single vessel or fleet of vessels, and must contribute to the function of the vessel. Various other aspects of the employee are reviewed to determine whether or not the worker fits under the definition of seaman.

In order to settle a claim under the Jones Act, the injured seaman and his or her legal team must prove by negligence by the vessel owner, master, crew member, or employer, or show an unsafe condition caused or contributed to the injury. If there was no negligence involved, filing under another maritime law may be the best option. An offshore accident lawyer will be able to review your case and determine whether you are likely to qualify for compensation under the Jones Act.

If you are covered by the Jones Act, you will be able to take advantage of the protections that it offers. It allows seamen to file a lawsuit against their employers if they were treated with negligence or required to work in a dangerous environment. Employees could be given compensation for pain and suffering, lost wages, medical care, emotional trauma, and more. As employers and insurance companies can be reluctant to give injured workers a sufficient amount of compensation, having a strong legal advocate on your side could make all the difference in your case.