How does the Jones Act Protect Victims of Maritime Accidents?
Working on the water can be one of the most rewarding, albeit dangerous, experiences one can have. Maritime workers face a high risk of injury and death everyday. This is particularly true for the maritime towing industry. While the fatality trend is lowering, the risk is still real. Thankfully, the Jones Act, which makes up a substantial portion of maritime law, helps protect the rights of maritime workers.
How Fatalities Happen
According to the United States Coast Guard American Waterways Operators Annual Safety Report, most towing-related maritime fatalities are caused by falls. In 2015, six people died while working on a towing vessel. Of those six, three of the fatalities resulted from a crewmember falling from the vessel. Because so much activity is required during embarking and disembarking procedures, this is when most of these accidents occur.
What is the Jones Act?
The Jones Act, also known as the Merchant Marine Act of 1920, is federal legislation that protects American maritime workers injured at sea. In essence, this is the law that enables qualified seamen to recover compensation from their employers for on-the-job injuries.
The Jones Act enables maritime workers to recover for acts of negligence on the part of their employer or co-workers. In some circumstances, the ship’s owner may also be help liable for unsafe conditions that caused the injuries. Compensation can include payment for medical expenses and living expenses.
What is significant about the Jones Act is that, while land-based workers are only entitled to bring workers’ compensation actions against their employers, with limited damages, workers protected under the Jones Act are not limited to workers’ compensation damages.
What is a Qualified Seaman?
The Jones Act protects qualified seamen, but does not give a definition of what a qualified seaman is, so maritime attorneys must look to the courts for the definition. Federal courts have interpreted the definition as a worker assigned to a fleet that spends a significant amount of time operating in navigable waters. This means waterways that are capable of being used for interstate or foreign commerce. The person must also perform work that is related to the vessel’s purpose and be onboard at least 30% of his or her time.
Proving a Jones Act Case
In order to prove a Jones Act case, the worker must prove that his or her injuries resulted from an unreasonable risk taken by their employer or a co-worker. A worker may also bring an action against an employer or owner for an unseaworthy vessel. The “unseaworthiness doctrine” requires that owners or operators ensure that the vessel is in safe working order, is properly equipped and is operated by a competent crew. If these requirements are not met and someone gets hurt, the owner or operator is liable.
The experienced Texas Jones Act attorneys at Ben Bronston & Associates have assisted numerous clients injured in maritime accidents and can assist you in fighting for the compensation you deserve. Contact us today at 361.LAWYERS (361-529-9377) for a consultation.
