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A maritime lawyer, also known as an admiralty attorney, handles legal issues arising from United States maritime law.
seamenThe Jones Act applies to seamen who are working in service to a vessel in navigation. This does not mean that the vessel must be moving, it simply means the vessel must be in active operation. To qualify as a Jones Act seaman, an employee must have a substantial connection to a single vessel or fleet of vessels.
In general, a seaman is a person -- from crewmember to captain -- who performs a significant amount of his/her work on a vessel (any kind of ship or boat). Part-time seamen must spend at least 30% of the time working on a vessel in order to qualify under the Jones Act.
The Act enables seamen who have been injured at sea during the course of their employment to bring a personal injury action against their employers. Under the Jones Act, the plaintiff may bring an action in federal district court or in state court.
The Jones Act requires all goods shipped between U.S. ports to be transported by U.S. vessels (and operated primarily by Americans). It calls for providing the nation with a merchant marine that can transport goods between U.S. ports, increase national security during war times, and support a U.S. maritime industry.
In June 1920, the US Congress introduced a cabotage law that aimed to encourage the use of American ships and protect them from competition, known as the Jones Act. A century later, the policy is still in place, though the industry it serves has radically changed.
Damages Available Under the Jones Act Under the Jones Act, an injured seaman is entitled to recover damages for: lost earnings and lost earning capacity. past, present, and future, medical expenses, and. past, present, and future, pain, suffering, and mental anguish.
These laws prevent the use of a foreign tank vessel to transport crude oil from marine terminals connected to SPR storage sites to other U.S. marine terminals unless waived.
The Jones Act requires that all vessels carrying goods between two U.S. points be American-built, -owned, -crewed and -flagged. This policy provides stability to the U.S. maritime industry and helps to sustain 650,000 American jobs, resulting in $150 billion in economic benefits each year.
According to the Seafarers International Union, the Jones Act plays an important role in national security, environmental protection and worker safety and also ensures employment for skilled maritime workers.
Sen. Wesley Jones ofThe Jones Act is the shorthand name for the Merchant Marine Act of 1920, whose primary author was Sen. Wesley Jones of Washington. (It's not to be confused with the Jones-Shafroth Act of 1917, which is also critically important to Puerto Rican history but which was sponsored by Rep.
46 U.S.C.It has been codified as portions of 46 U.S.C. Generally, the Jones Act prohibits any foreign-built, foreign-owned or foreign-flagged vessel from engaging in coastwise trade within the United States.
The Jones Act is a federal law that provides compensation for maritime workers injured while on the job. Since many land-based laws, such as workers’ compensation, do not apply to seamen, this law helps seamen to recover damages for accidents, occupational diseases and other injuries resulting from maritime employment.
If your injuries were caused by another’s negligence, you may have a valid case. However, each accident is unique, so our attorneys need to fully understand the circumstances of what happened, including any other contributing factors that could have caused you to be injured.
This is something you can discuss with one of our West Palm Beach Jones Act attorneys in your free legal consultation. If you have a valid case, our goal is to obtain maximum compensation to help you and your family during this difficult time.
Maintenance benefits (daily living expenses, such as food, transportation and rent) and cure (medical expenses) do not impact an injured seaman’s ability to pursue compensation for damages under the Jones Act.
Essentially, to be covered under the Jones Act, a seaman’s duties need only contribute to the overall purpose of an “in-navigation” vessel.
A qualifying vessel might be a ship, barge, tug, or cargo carrier. However, a 2005 ruling by the Supreme Court defined a vessel as any type of craft on the water that may be used for transportation. This expanded the Jones Act to cover most offshore dredges, offshore oil rigs, jack-ups and semi-submersibles.
Your injury must have resulted from your employer’s negligence. You may be ineligible for compensation if the injury resulted from your own negligence, such as if your accident happened while you were intoxicated or under the influence of drugs.
The Jones Act protects maritime employees by requiring that employers pay maintenance and cure at a daily rate to injured seamen.
Dealing with injuries while at sea can be overwhelming. Not only is it difficult to receive the medical care that you need, but you may feel like you have little to no legal recourse. Our Jones Act lawyers at the Law Offices of Anidjar & Levine will help you navigate your case, whether you are still at sea or you are recovering on land.
Whether you are dealing with injuries from a cruise ship, barge, or merchant vessel, it is only right that the responsible party covers your injuries. Your work environment should be safe and free of any dangerous risks, even if that work environment is on a sea vessel.
The Willis Law Firm provides nationwide legal representation for victims of maritime injuries. Maritime injury lawyer David Willis has been representing clients in Jones Act and other maritime law cases for more than 30 years. If you or a loved one has been injured at work, you may be entitled to significant financial compensation. To learn more about your legal rights, contact us online for a free consultation today.
Under the Jones Act, seamen have two options when it comes to securing compensation for their injuries. The first is a claim for “maintenance and cure” benefits. These are limited benefits for medical and living expenses that employers must pay regardless of who was at fault in the accident. The second is a Jones Act lawsuit alleging that the seamen’s employer’s negligence contributed to his or her injuries. In negligence lawsuits, seamen can seek full compensation for their accident-related injuries.
The Jones Act is a federal maritime law that provides special protections to maritime workers, many of whom face dangerous job-related risks on a daily basis.