Maritime and Jones Act Information

Hey Rick,I thought you might want to take a look at the actual wording of the Jones Act law, so here it is:

Merchant Seaman Protection and Relief 46 USCS Appx § 688 (2002) Title 46. Appendix. Shipping Chapter 18.

(a) Application of railway employee statutes; jurisdiction. Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.

(b) Limitation for certain aliens; applicability in lieu of other remedy.

(1) No action may be maintained under subsection (a) or under any other maritime law of the United States for maintenance and cure or for damages for the injury or death of a person who was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action, if the incident occurred—

(A) while that person was in the employ of an enterprise engaged in the exploration, development, or production of offshore mineral or energy resources–including but not limited to drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces; and

(B) in the territorial waters or waters overlaying the continental shelf of a nation other than the United States, its territories, or possessions. As used in this paragraph, the term “continental shelf” has the meaning stated in Article I of the 1958 Convention on the Continental Shelf.

(2) The provisions of paragraph (1) of this subsection shall not be applicable if the person bringing the action establishes that no remedy was available to that person—

(A) under the laws of the nation asserting jurisdiction over the area in which the incident occurred; or

(B) under the laws of the nation in which, at the time of the incident, the person for whose injury or death a remedy is sought maintained citizenship or residency.

Dear Rick,

I was sorry to hear from Angela that things aren’t going so well for you. I’ve continued doing some more digging, and thought you might find this information interesting:

Apparently if you file for Worker’s Compensation - or any other types of injury claims, you might end up forfeiting your rights to damages under the Maritime Jones Act! That’s why it’s so important to speak to a competant and experience Maritime Lawyer before you take any action.

So far, what I’ve found out is that benefits under the Jones Act include what is called “Maintenance” and “Cure”. “Maintenance” means is that you’re given a daily stipend while you’re unable to work. From what I’ve found out so far, the amount you receive can vary. “Cure” includes having all all your medical care, doctors visits, hospitalization and prescription drug costs covered.

Now here’s where it gets interesting. While the maintenance money you’re given is smaller than what you’d get if you were receiving Worker’s Compensation, with Worker’s Compensation cash settlement amounts are relatively small, because of legislation passed by individual states - and there are some damages that you waive your rights to being able to claim, if you file Worker’s Comp.

Because the Jones Act is a federal law, you’ve got the potential of receiving a very high settlement - especially if you can show that there was the slightest bit of negligence involved, or unseaworthiness of the ship. (Which certainly appears to be the case from what you’ve said in your email.)

You mentioned something about the Longshore Harbor Worker’s Act. Be careful about making claims under either it or Worker’s Compensation, because from what I’m discovering, you can lose your rights if you claim benefits under either program.

Also, although your employer assigned you a rehab nurse, I’d be careful about doing anything until you’ve talked to a good maritime injury lawyer. I mean I think it’s great that your employer is concerned about you, but who is she really working for? I’m sure one of the owner’s main concerns has to be to minimize their losses - or potential losses. No matter what she’s telling you, find out everything you can about your legal rights and make sure that you’re making all decisions fully informed.

I’m not done doing research - maritime law is very complicated, so just hang in there a little bit longer, and I’ll keep sending you information as I find out more!

D

It’s easy to be confused by who is covered by what.  Some people - like a recent client of mine, was surprised to find out that he was covered by the Jones Law - which he only found out when he applied for worker’s compensation, after being injured.

He asked me to do some research, and get more information.  I learned that it’s actually a good thing to be covered by the Jones Act - for one thing, settlement amounts can be higher than other types of on-the-job injury settlements.  Sometimes significantly higher.

But there are drawbacks, too.  In fact, from what I found out, one of the biggest disadvantages to being covered under the Jones Act, is that the weekly checks are much lower.

Something else I discovered that I thought was interesting is that offshore workers on drilling rigs and workers on production platforms are often covered by the Jones Act as well.  There have been some other recent changes in the laws as well.  For example, the protection extends to workers on barges who don’t live on board, workers who are staying in hotels as they travel from one work-related location to the next (even if you’re traveling by land), and in some cases, even someone who dies as a result of their work. (As I continue to do research, I’ll let you know more).

When I read that, I couldn’t help thinking about Steve Irwin - you know, the Crocodile Hunter.  I wonder if his death would have been covered by the Jones Act?

Something else that I thought was “about time” with this law is that a new court ruling means that “economic damages” no longer applies.  It used to be that if a maritime worker had no one who was financially dependent upon them, then his life had no settlement value.  Isn’t that crazy?  I mean, even if we’re single, with no family, our lives still have value to us, right?  Anyway, I was glad to see that the courts have corrected what amounted to a stupid and outdated law.

By the way, if you were previously covered under the Longshore Harbor Worker’s Act, if you work on a boat, barge, ship, fishing boat, casino boat, charter boat, tanker, cruise ship, container ship or basically any type of vessel that has the name “boat” or “ship” in it, then you might be covered by the Jones Act.  But to find out for sure, and to make sure that you’re protected and receiving all the help you’re entitled to if you’ve been injured, it’s important that you talk to an experienced Maritime Lawyer.  And, as with any accident case, don’t sign ANYTHING or talk to your employer, an insurance representative or anyone else until you’ve talked to an attorney.

What is the Maritime and Jones Act?

The Jones Act is a law that was enacted by Congress to provide protection to people (seamen) who are members of a crew of a ship or vessel. The term “seman” also defines anyone who works on an Offshore Oil Rig, Motorized Platform, Jackup rig, semi-subersible ship or rig, Stationary Production Rig, Barge, Dredge, Floating Crane, Drill Ship, Towboat/Tug Boat, Cargo Ship, Chemical Ship, Research Vessel, Diving Boat, Construction Barge, Lay Barge, Private Yacht, Charter Boat, Cruise Ship, Riverboat Casino, Shrimp Boat, Fishing Boat, Trawler, Tanker, Ferry, any type of Crew Boat, Water Taxi, and any other moveable structure or vessel on navigable waters which includes intra-coastal waterways, lakes, bays, rivers, and canals. Divers and other underwater personnel can also be covered by the Jones Act.

The Jones Act 46 U.S.C. 688 (1970) has to do with the liability of vessel operators and marine employers for the work-related injury or death of an employee. Because it is a federal cause of action, it means that all seaman’s injuries in the U.S. have to follow the same standards of liability. So, if you’re working for a company on one of the above types of boats or rigs in navigable water - and you’re injured, you have a remedy against your employers if you can show that the injury resulted from negligent acts by your employer or co-workers while you were employed for them. (Which means to win your claim you have to be able to show that your employer or a co-worker did something unreasonable or failed to perform a reasonable act that would have prevented your injury.) Claims made under the Jones Act can also be directed towards an employer if a dangerous condition existed which made the vessel unseaworthy.

If this sounds like you, you might want to find a maritime injury lawyer or Jones Act Attorney right away to discuss your case, because unluckily, time is your enemy. You face specific deadlines for being able to file a claim, and the clock starts ticking right away.