The statute goes on to clarify that a seaman has the right to claim damages if an employerâs negligence wholly or partially caused a plaintiffâs injury. While every case is different, the following are acts of negligence commonly associated with Jones Act claims: 1 Knowingly giving negligent instructions or orders 2 Failure to avoid extreme weather despite a clear knowledge of its existence 3 Failure to hire competent crewmen 4 Failure to maintain safe equipment 5 Failure to provide medical treatment or rescue
As outlined in statute 46 U.S.C. § 30104, the Jones Act extends the rights outlined in the Federal Employerâs Liability Act (FELA) to seamen. Specifically, the Jones Act states: âA seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, ...
At the time of the Jones Act was passed, cabotage was considered the transportation and trade of goods between two ports in the same country via coastal waters. Today, cabotage includes goods transported via airways.
The act was introduced by and named for Washington Senator Wesley Jones , who claimed that the act would bolster both national defense and commerce. Many have argued that the effects of the Jones Act on Hawaii, Puerto Rico, and Alaska made trade in those states more expensive.
Additionally, the statute stipulates that injuries covered by the Jones Act do not necessarily have to be work-related, but may have simply occurred onboard the ship where the seaman lives and/or works. That the statute gives seaman the right to trial by jury is important; this right is not common in international maritime law unless otherwise ...
Under the Jones Act and LHWCA, an injured person must meet two elements to qualify as a seaman:
In addition to a claim for negligence or carelessness under the Jones Act, injured seamen often have a case against the employer for a defective condition in the vessel or in its equipment. This is called an unseaworthiness case.
The law allows ship owners and maritime employers to file special federal proceedings called limitation and exoneration, which ask a federal judge to decide that they do not owe you a dime for your injury.
To learn more about your right to receive compensation for your injury on a boat, maritime vessel, or any navigable body of water, call us toll-free at 855-748-6909 or contact ADWB online to speak with an experienced attorney about your case.