Injured while working at sea and wondering what is covered under the Jones Act? Maritime workers who are hurt on the job, whether aboard a vessel or in hazards related to ship operations, often face questions about their rights, medical expenses, and what they can expect from claims under the Jones Act.
At Latti Associates LLC, our mission is to clarify those rights, guide you through the legal process, and ensure that you receive the compensation you deserve.
Understanding the Jones Act and Its Purpose
The Jones Act, established as a part of the Merchant Marine Act of 1920, is designed to protect injured seamen by holding vessel owners responsible when employers fail to provide a safe working environment.
Who Is Protected Under the Jones Act?
To have protections under the Jones Act, you must qualify as a “seaman.” Generally, a seaman is a worker whose duties contribute to the function of a vessel or to its mission, and who has a substantial connection to a vessel in navigation, both in time and location.
If you perform work aboard a ship on the water, engage in maintaining or operating that vessel, or otherwise assist in its navigation, you may be entitled to Jones Act coverage.
What Types of Coverage Does the Jones Act Provide?
If you are eligible under the Jones Act, you may be able to recover compensation for several categories of losses and damages. Knowing what is covered under the Jones Act helps you understand what to expect.
Medical Care and Treatment for Injured Seamen
You are entitled to prompt medical care for injuries sustained during your employment aboard the vessel or while carrying out duties related to it. The vessel owner must ensure that you receive necessary treatment until you reach maximum medical improvement (MMI). This includes treatments, surgeries, medications, rehabilitative therapy, and any care required to return you to health.
Lost Wages and Earning Capacity After an Injury
If your injury prevents you from working, the Jones Act allows you to recover lost wages for the time you are unable to perform your job duties. In cases where your ability to earn income in the future is reduced (reduced earning capacity), you may seek compensation for what you would likely have earned had the injury not occurred.
Pain, Suffering, and Emotional Distress Compensation
The Jones Act does not limit recovery only to physical losses. Non-economic damages, like pain and suffering, mental anguish, loss of enjoyment of life, and emotional distress, are often part of what is covered. These damages acknowledge that injuries at sea can affect more than just the body.
Coverage for Negligence and Unsafe Working Conditions
You are covered under the Jones Act if your injury was caused by negligence on part of the vessel operator or employer. This could include failure to maintain the vessel safely, defective equipment, unsafe working procedures, lack of training, or situations where safety gear is not provided or enforced.
If your employer’s negligence or carelessness led to your injuries, you may recover compensation.
Eligibility: Who Qualifies for Jones Act Coverage?
Not all maritime workers automatically qualify. Eligibility depends on several factors, particularly your relationship to the vessel, the nature of your work, and where and how the injury occurred. Coverage typically applies to those who are truly part of a vessel’s crew, not longshoremen, harbor workers, or contractors who carry out land-based duties. Those workers are generally covered under other laws, such as the Longshore and Harbor Workers’ Compensation Act (LHWCA).
What Counts as a Jones Act Vessel?
A Jones Act vessel is any ship or boat in navigable waters engaged in maritime commerce. It could be a large cargo ship, fishing vessel, offshore platform vessel, or even smaller boats involved in harbor operations. What matters is that the vessel is in navigation and engaged in maritime activity. If you were injured while working aboard or in support of these vessels, Jones Act protections may apply.
Does the Jones Act Apply to Offshore, River, and Harbor Workers?
Yes. Workers on offshore rigs, vessels servicing offshore platforms, shipyards, harbor tugs, river barges, and other maritime operations may all qualify, provided they meet the criteria for being a seaman. Even if you work in inland or sheltered waters, if your duties involve a vessel in navigation, the Jones Act may cover your claim.
The Jones Act vs. Maintenance and Cure
Alongside compensation under the Jones Act, injured maritime workers often hear about maintenance and cure. These are important related rights in maritime law.
Maintenance and cure requires the vessel owner to provide for a seaman’s basic living expenses (maintenance) and medical care (cure) regardless of who was negligent. Even if you cannot prove negligence, you are still entitled to maintenance and cure if you are a seaman injured in service of the vessel.
These rights complement Jones Act claims by ensuring you are not left without basic support while recovering.
When Is Jones Act Coverage Required?
Jones Act coverage becomes required when an injury or death arises from certain conditions connected with the vessel or the employer’s negligence. Two key components are proving employer negligence or unsafe conditions, and showing that you qualify as a seaman under the law.
Proving Employer Negligence or Unsafe Conditions
To succeed in a Jones Act claim, you must demonstrate that the vessel owner or employer failed to meet a duty of care. Examples include:
- Failure to provide a safe working environment
- Defective tools or machinery
- Poor maintenance of deck, rigging, or other work areas
- Inadequate training or supervision
- Unsafe weather or navigation conditions
Common Examples of Maritime Accidents Covered
Some practical scenarios where Jones Act coverage may apply include:
- Slip and falls on deck due to wet surfaces or lack of non-slip materials
- Injuries from malfunctioning engines, steering mechanisms, or winches
- Exposure to toxic substances or hazardous chemicals aboard the vessel
- Falling overboard or injuries sustained during loading/unloading operations
- Accidents caused by defective or poorly maintained safety equipment
Filing a Claim Under the Jones Act
If you believe you have a valid claim under the Jones Act, proceeding quickly and effectively may affect how much, and how quickly, you recover.
Steps to Take After a Maritime Injury
If you suffer an injury while working in maritime service, you should:
- Seek medical attention immediately and follow prescribed treatment.
- Report the injury to your employer as soon as it’s safe.
- Document everything: photographs of the injury, working conditions, equipment involved, witness statements.
- Preserve evidence, including safety logs, maintenance records, vessel records.
- Contact an experienced Jones Act attorney from Latti Associates LLC to review your case.
Deadlines and Statute of Limitations to Know
There are strict deadlines for Jones Act claims. In general, you must file your claim within three years from the date of injury. Waiting too long can jeopardize your rights. One of our experienced maritime law attorneys can help ensure you do not miss crucial deadlines.
How Latti Associates LLC Helps Injured Seamen
If you or someone you love has been injured working at sea, Latti Associates LLC is here to help you understand your rights under the Jones Act, guide you through the claim process, and fight for the compensation you need. We have been helping the hard working maritime workers of America for years, and because we specialize in such cases, we know what it takes to ensure our clients get the help they need. We will approach your case with the care it deserves and work hard to make sure you get the compensation you need.
While our offices are based in Boston and New Bedford, we represent seamen, fishermen, and others injured on the water across the nation. We are your Maritime law specialist.
Our firm also handles cases involving cruise ship injuries and cargo ship accidents. Whatever marine environment you work in, we bring our experience and dedication to help our maritime clients get the help they need.
Contact Latti Associates LLC for Jones Act Legal Guidance
Contact us at (617) 523-1000 and let us help you begin filing your Jones Act claim. We offer personalized consultations to analyze your specific situation, including whether you qualify as a seaman and what damages you may recover.
We are here to protect your rights and help you move forward, so give Latti Associates LLC a call and let us help you get your life back on track.
