Are You Covered Under the Jones Act?
If you were injured while at sea, one of the questions you may have is whether or not you are covered under the Jones Act. The Act states that it covers "seaman," but what constitutes a seaman? There is a three-part test that the law applies to determine whether an offshore worker can be labeled as a seaman. If you are unsure of whether you qualify, take the following test and talk to a legal professional with experience in this type of claim.
- First, the individual must be assigned to a ship or a fleet of vessels. This ship or ships must operate on some navigable waterway in order to be counted as valid.
- The second part of the test is that the worker must contribute to the operation or maintenance of the ship by their duties. For example, an engineer or deckhand would fall into this category because they are necessary to the safety and use of the ship.
- Thirdly, the individual must be substantially connected with the vessel both in time and in their impact on the vessel.
Whether you were a housekeeper, maintenance worker, or engineer, you could be covered by the Jones Act. An offshore injury lawyer could examine your situation more fully in order to determine whether or not you qualify as well as determine what types of compensation you could receive.
Jones Act benefits include maintenance and cure for negligence or unseaworthiness. The first relates to negligence of an employer or co-worker. If their actions or failure to act was the cause of your injuries, they could be liable for any damages. Unseaworthiness refers to the condition of the ship. There are standards stipulated by law which state what standards the vessel should be held too. If the ship owner did not follow these health and safety codes, you could file a lawsuit against them.
