Jones Act Lawyers

The Jones Act: A Century of Protecting Maritime Workers

**Why You Need to Hire a Lawyer Who Knows Maritime Law**
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Offshore work demands a certain kind of bravery. Crew members on vessels often engage in perilous tasks, facing the constant risk of severe injuries while at sea. These injuries have the potential to disrupt and irrevocably alter their way of life. To safeguard these maritime workers, a critical piece of legislation exists: the Jones Act. The Jones Act provides essential legal protections specifically tailored for those who brave the challenges of offshore work, ensuring their rights and well-being.

What Is the Jones Act? Understanding the Merchant Marine Act of 1920.

Enacted in 1920, the Merchant Marine Act, known as the Jones Act, is a pivotal federal statute that safeguards the United States' maritime commerce in domestic waters and trade between U.S. ports. With the maritime industry encompassing a vast workforce on barges, container ships, tugboats, and more, the Jones Act is crucial in protecting these vital operations and the individuals who power them.

A key provision of the Jones Act is its focus on seamen's welfare.

The Jones Act empowers seamen to seek legal recourse against employers for injuries resulting from negligence, thereby mandating employers to maintain reasonably safe working conditions. This aspect of the Act remains a cornerstone in today’s maritime industry, emphasizing the safety and rights of maritime workers.

Under the Jones Act, seamen have legal rights that protect their health and livelihood. In cases of injury or death due to negligence by a crew member or shipowner, the Act allows seamen, their spouses, or dependents to pursue litigation. This legal pathway is vital for workers seeking compensation for medical expenses, lost wages, and other damages, ensuring they have the necessary resources for recovery.

The Impact of the Jones Act on American Maritime Employment

The Jones Act has shaped American maritime employment in two ways:

Mandating American Vessels for Inter-American Trade
The Jones Act stipulates that all trade between U.S. ports must be conducted using American vessels. This requirement originated during the era of World War I. The U.S. government, recognizing a shortage of ships for transporting soldiers and sustaining maritime trade, saw a risk to commercial interests. In response, after WWI, the federal government enacted the Jones Act to bolster the shipbuilding industry, mandating that only American ships could be used for transporting goods between U.S. ports.
Providing Protection for Maritime Workers
While the primary objective of the Jones Act was to stimulate the American shipbuilding industry, it also significantly impacted maritime workers' rights. Before this Act, maritime employees lacked formal "workers' rights" under U.S. law, leaving them vulnerable, especially concerning workplace injuries. The growth in American shipping jobs, spurred by the Jones Act, led the federal government to recognize the need for offshore workers to have the right to seek legal recourse against their employers. The Jones Act thus became the first law to define a seaman's right to sue their employer for injuries sustained while working at sea.

Your Rights at Sea: Seeking Justice

If you were injured while at sea, you have the right to seek compensation. This compensation is crucial for safeguarding your health, supporting your family, and protecting your livelihood. It can cover various damages, including lost wages, medical bills, and non-economic damages like pain and suffering. Additionally, if you've lost a loved one in a maritime accident, you may have grounds for a claim.

At Arnold & Itkin, our experienced approach makes us a trusted ally in maritime law cases. With a track record of recovering over $20 billion, our expertise in maritime law is proven. We represent maritime workers along the Gulf Coast in Texas, Louisiana, Mississippi, and Alabama. We also extend our services to all other U.S. states, including Florida, California, New York, New Jersey, Washington, Oregon, and more.

When you engage our firm, rest assured that we are committed to securing just compensation for you. Our Jones Act attorneys are renowned for maximizing recovery for our clients following maritime accidents.

We can help you hold your employer accountable if:

You sustained injuries while serving as a crew member on a vessel.
There is evidence of negligence on your employer's part.
This negligence directly led to your injuries.

With Arnold & Itkin, you have a powerful advocate in your corner, ready to navigate the complexities of maritime law to fight for the compensation you rightfully deserve. Call (888) 346-5024!

Did You Know? Maintenance & Cure Benefits

As a Jones Act seaman, you are legally entitled to maintenance and cure benefits. This entitlement stands regardless of whether you file a lawsuit. Unfortunately, it's not uncommon for offshore companies to offer unrealistically low maintenance rates, sometimes as little as $30 per day. By partnering with an attorney, you enhance the likelihood of these rates being adjusted to a fairer figure. When you choose to work with our firm, you can be assured of our commitment to securing the compensation you deserve. Our team is dedicated to ensuring your rights are recognized and fully honored.

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The Jones Act

Fighting for Fair Compensation as an Injured Worker

What Is a Jones Act Seaman?

Just because you were injured offshore does not mean the Jones Act protects you.

To be considered a Jones Act seaman, specific criteria must be fulfilled:

Nature of the Vessel: Your employment must be on a vessel operating in navigable waters. The definition of a 'vessel' under the Jones Act is broad, encompassing boats, ships, barges, and certain types of offshore drilling platforms. However, it's crucial to note that not all offshore platforms qualify.
Contribution to Vessel’s Mission: Your work should significantly contribute to the vessel's function. Your role must be integral to the vessel's operation.
Time Spent Onboard: A key factor is your time working on the vessel. While one federal court has set a benchmark of spending at least 30% of your work time on the vessel, this figure is not absolute. It serves more as a general guideline.

What Is a Jones Act Vessel?

The definition of a "Jones Act vessel" may seem simple, but it has been controversial.

Traditionally, the term 'vessel' has been associated with the following:

However, the ever-evolving maritime industry has broadened this definition to encompass special-purpose entities such as jack-up rigs, semi-submersible rigs, mobile offshore drilling units, dredges, and even pontoon rafts.

A 2005 Supreme Court decision reshaped the legal landscape with a broader definition: "The word 'vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water."

This redefinition prompted lower courts to reevaluate their Jones Act vessel status criteria. Before this decision, unpowered floating structures were generally not considered Jones Act vessels. However, the Supreme Court's ruling removed the necessity for a vessel to be self-propelled, meaning that even structures like floating dormitories could potentially qualify as Jones Act vessels.

The Jones Act vs. Workers' Compensation

The Jones Act shares some similarities with workers' compensation and the LHWCA, but several crucial distinctions exist, including:

Proving Negligence: The Jones Act requires an injured seaman to prove fault or negligence by their employer or fellow crew members. In contrast, under the LHWCA and most state workers' compensation laws, an injured worker is entitled to compensation regardless of who was at fault.
Administrative Oversight: Unlike workers' compensation claims managed by state agencies or longshore claims overseen by the U.S. Department of Labor, Jones Act claims do not fall under any specific state or federal agency. These claims must be pursued and litigated in either state or federal courts.
Scope of Covered Expenses: While workers' compensation provides for medical care, disability payments, and income benefits to replace lost earnings, the compensation under the Jones Act is generally more substantial. It covers a broader range of damages, including medical expenses, economic losses like past and future wages, lost earning capacity, fringe benefits lost due to time off work, and physical pain and suffering. It also accounts for non-economic damages.

Filing a Jones Act Claim: How to Get Started

Filing a successful Jones Act claim begins immediately after sustaining an injury.

Here are the essential steps to ensure your claim is well-founded:

Report the Injury: As soon as you realize you're injured, inform your supervisor or captain. Documenting the injury is crucial, even if you're uncertain about severity.
Filling an Accident Report: Your employer will likely request that you complete an accident report. When doing so, accuracy and detail are vital.
Be Cautious with Statements: If your employer's insurance company requests a recorded or written statement, exercise caution. You are not legally obligated to do so. Anything you say could potentially be used against you in your case.

Taking these steps can significantly strengthen your position in a Jones Act claim. Remember, the specifics of your actions and reports following an injury play a pivotal role in the outcome of your claim. For further guidance and representation, consider consulting with a legal professional skilled in maritime law.

Contact a Jones Act Lawyer: (888) 346-5024

At Arnold & Itkin, our attorneys possess a deep understanding of the intricate interplay between federal and state laws governing maritime workers' rights. Our proven track record spans the Gulf Coast and various coastal states across the U.S., skillfully managing claims in navigable waters nationwide. If you're grappling with the aftermath of a maritime accident or need clarity on your legal rights, our team is ready to provide the experienced legal guidance and robust representation you need.

Contact us without delay for a free case evaluation and to discuss your Jones Act claim. At Arnold & Itkin, we have secured over $20 billion in verdicts and settlements, demonstrating our capability and commitment to defending your rights.

Contact our Jones Act lawyers today to learn more!

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