The Jones Act was enacted by Congress in 1920 to address liability issues concerning injuries suffered by workers, crewmembers and seamen. It was created to establish a uniform body of law governing maritime personal injuries. Who is covered by the Jones Act? The Jones Act is applicable to workers, officers, crewmembers and seamen on virtually every type of vessel on navigable waters. Generally, a seaman must have a connection to a single vessel or fleet of vessels to qualify under the Jones Act. The Jones Act was created to protect the rights of injured seamen, crewmembers and officers and to provide them with a basis for recovery for maritime personal injuries. What types of vessels are included under the Jones Act? The Jones Act applies to virtually every vessel or boat on navigable waters, these include:
Under the Jones Act, seamen are entitled to maintenance and cure. “Maintenance” is daily allowance to cover the basic food and shelter that workers, officers, seamen or crewmembers would have received aboard the vessel while on duty. “Cure” includes medical expenses such as treatment, hospital expenses, doctor visits, physical therapy, prescription medication and any other treatment necessary to ensure maximum medical improvement. What is Maximum Medical Improvement? Under the Jones Act, an employer is required to pay seamen and crewmembers cure until you reach “maximum medical improvement.” Maximum medical improvement refers to a point in a seaman’s recovery when their condition will no longer improve. A seaman can also reach maximum medical improvement if they become permanently disabled and treatment will not improve their condition. What is an unseaworthiness claim? An unseaworthiness claim is brought when a person is injured because of an unsafe or hazardous condition aboard the vessel. Examples of unsafe conditions include defective equipment, lack of supplies, inadequately trained crew, understaffed crew and unsafe operation of the vessel. Under these circumstances, a seaman may bring a claim against an employer for an unseaworthy vessel. How long do I have to file a lawsuit under the Jones Act? The statute of limitations, which refers to the amount of time a seaman, crewmember or officer has to file a lawsuit, is three years. In other words, a seaman has three years from the date of injury or the date the injury was discovered to file a Jones Act lawsuit. It is imperative that you consult an attorney promptly after the accident to ensure that your claim will not be dismissed. Read more about Jones Act Claims |
FAQ's: Jones Act
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