Q. Just what is the maritime law known as the Jones Act, and why do I need it?
A. Originally know by the name of the Merchant Maritime Act of 1920, the Jones Act later became known by the name of its author, Washington Sen. Wesley R. Jones. In the ensuing years the Jones Act has been revised or “recodified,” and various court verdicts have impacted how it is implemented. But the act has provided essentially the same protections for more than 90 years. Among more recent developments is establishing that the Jones Act includes coverage for injured mobile offshore platform or rig workers, along with the seamen, sailors and maritime workers covered from the start. These workers can file a Jones Act lawsuit in federal or state court to seek recovery for such damages as lost wages, high medical bills and pain and suffering. An injured maritime worker also can pursue “maintenance and cure” payments for daily living expenses and health care costs, which can come from the employer until the employee can get back to work..
Q. What kinds of injury accidents are covered by the Jones Act?
A. A maritime worker can be injured in many ways, including crushed limbs caused by the falling of a heavy object, along with broken bones, a fractured back or spine, amputation or paralysis. These kinds of injuries can befall a worker due to unsafe conditions such as those causing a slip and fall accident. A worker also may suffer an electrical shock from faulty equipment on board or may be struck down by a falling object which was improperly secured. When such injures are caused by poor safety standards or by the incompetence of a captain or crew, they are protected by the Jones Act.
Q. What kinds of rigs, ships or vessels are covered by the Jones Act?
A. We could almost say “you name it.” The Jones Act offers protection for injuries arising on many kinds of vessels, platforms, rigs or ships. They include ferries, tug boats, supply boats, water taxis, shrimp boats, riverboats, tankers, trawlers, semi submersible vessels, drill ships, barges, mobile offshore rigs or platforms, jack-up rigs, cruise ships, container ships, fishing boats, recreational boats and charter boats. Almost any vessel or ship navigating U.S. waters is covered if an injury occurs there that’s protected by the Jones Act.
Q. Does the Jones Act means I can file an injury lawsuit against my employer if I work on an offshore platform or rig, and not on a ship?
A. Thanks to court decisions regarding the act, yes. But it’s vital that the rig or platform is not anchored to the sea floor, but rather is mobile. The infamous BP Deepwater Horizon oil rig, which exploded near the Louisiana Gulf Coast in the Gulf of Mexico in 2010, was a MODU or mobile offshore drilling unit. This type of rig is covered by the Jones Act.
Q. If I file a Jones Act lawsuit, can I get my trial heard by a jury?
A. You certainly can. The Jones Act provides such a legal right to a jury trial, which may favor an individual employee rather than a large and faceless corporation. You don’t have this right under Admiralty Law, or Maritime Law. But you do under the Jones Act, or Merchant Marine Act. Keep in mind, though, that there’s a strong chance your case could be resolved via out-of-court settlement rather than a trial.
Q. What’s the difference between applying Jones Act coverage rather than a Longshore Act claim or a Workers Compensation claim?
A. In a word, the difference can be this: money. Jones Act cases are known to prevail for considerably higher sums than those under the Longshore and Harbor Workers Compensation Act, as well as Workers Compensation claims.
Q. What about death, as opposed to injury? If a family member dies in a Gulf Coast maritime accident, am I better off looking for financial recovery under the Jones Act, or the Death on the High Seas Act?
A. Your answer depends on where the accident occurred. If a maritime worker dies on the job while working in U.S. waters, that death has Jones Act coverage. If a maritime worker dies beyond a state’s territorial limit of three nautical miles, that death has coverage via the Death on the High Seas Act, or DOHSA. Unfortunately, the latter limits compensation to survivors, who only can claim economic, or pecuniary, losses. This doesn’t take into account loss of care, society and companionship, or mental anguish, pain and suffering, all of which are known as non-pecuniary losses. But there’s hope thanks to the proposed Deepwater Horizon Survivors’ Fairness Act. It would allow for compensation beyond economic damages, as land-based accident death claims already do.
Q. Where would my Jones Act lawsuit be tried?
A. You have some choice in this matter. As a federal law, the Jones Act allows for cases to be tried in a U.S. District Court for the area where the defendant owner or employer lives or is based. Along the Gulf Coast, that means an injured worker might live in one state, but have his or her Jones Act lawsuit tried in a federal court in another state. However, plaintiffs also have a right to file their Jones Act lawsuit in a state court instead.
Q. Do I need a Gulf Coast Jones Act lawyer?
A. What you need is legal guidance to exercise your legal rights to a fair financial settlement under the Jones Act. That guidance can come from a skilled and knowledgeable Gulf Coast Jones Act lawyer or attorney provided by Jim S. Adler & Associates. Such a lawyer or Gulf Coast Jones Act attorney can help you when an employer or insurance company tries to prevent you from getting what you deserves. Rather than accept a quick but inadequate payout, you should learn your legal rights from a Gulf Coast Jones Act lawyer who can guide you toward a fitting Jones Act settlement in your behalf.
Q. Where can I find an experienced Gulf Coast Jones Act lawyer to handle my case?
A. You’ve done so. At your fingertips is the means to notify veteran Gulf Coast law firm Jim S. Adler and Associates of your maritime injury needs. Either send in the free case review form available above, or phone toll-free to 1-800-566-3434, and launch the process of gaining your financial recovery from a Gulf Cast maritime injury.