When it was first enacted over one hundred years ago, Section 33 of the Merchant Marine Act—known as the Jones Act—was a revolution for American maritime workers. The Jones Act granted American employees who qualified as seamen under the Act a variety of legal rights, including the right to file lawsuits against their employer and the right to a safe work environment. However, the Jones Act does not cover every conceivable maritime employee; there are limitations.
If you are a maritime employee who was injured in a maritime accident then call our Dallas personal injury attorneys at Bush & Bush Law Group at (469) 977-7777. Our attorneys have deep legal knowledge about the Jones Act and a wealth of experience representing people in your situation.
Why Hire Us for Your Personal Injury Claim?
After an injury caused by someone else’s negligence, selecting the right attorney is crucial. Here’s what we bring to the table:
- No Fees Unless We Win: You won’t pay anything unless we recover compensation for you.
- Cash Advance in 24 Hours: Need immediate funds? We can arrange a cash advance through a third party.
- Free Case Consultation: We offer a free consultation to discuss your case and explore your options.
- Available 24/7: We’re here to support you around the clock, ready to answer your calls and address your concerns.
With our extensive experience in personal injury law, we build the strongest possible case to secure the maximum compensation. We also work with a network of professionals, including doctors and financial experts, to support your claim. We take the time to understand your story and goals, tailoring our approach to achieve the best possible outcome.
What is the Jones Act?
The Jones Act is a federal maritime law enacted by Congress for the purpose of protecting the rights of American maritime employees. The Jones Act gave American employees who qualify as seamen a host of new legal protections, including:
- the right to bring an action for negligence against his employer and recover damages for his injuries caused by his employer’s negligence;
- the right of designated beneficiaries to bring a wrongful death action to recover for their loss of financial support;
- a survival action permitting recovery of damages that the deceased seaman could have recovered if he had not passed away, including damages for conscious pain and suffering;
- the right to a safe working environment via a duty imposed on the owner of a ship to provide the crew with a safe place to work; and
- the right to a jury trial in suits filed under the Jones Act.
Who Does the Jones Act Cover?
The Jones Act is applicable to any seaman who sustains a personal injury in the course of his employment. While this seems simple enough, the United States Supreme Court has further defined who exactly qualifies as a seaman under the Jones Act in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995). In Chandris, the Supreme Court chose not to set out any exact definitions stating who is and is not a seaman under the Jones Act.
It did state, however, an employee may qualify as a seaman if:
- he or she spends at least thirty percent of his or her time on a vessel that is not drydocked and has not ceased operations; and
- the employee’s position contributes to the function or the mission of the fleet.
If you sustain a catastrophic injury on a maritime vessel, contact a Bush & Bush Law Group Dallas catastrophic injury attorney today.
What Constitutes a Vessel Under the Jones Act?
The employee does have to spend time on a vessel, but courts are flexible regarding what constitutes a vessel. In 1 U.S.C.A. § 3 (1997), Congress said the word vessel includes every description of watercraft or anything else used or capable of being used as a means of transportation on water. In accordance with that broad definition, the following have been held to be vessels:
- bulk carriers;
- container ships;
- tankers;
- schooners;
- houseboats;
- compressor boats;
- dredging barges capable of being towed;
- cargo crafts used to store cargo; and
- racing yachts.
- tugboats;
- passenger ferries.
The Jones Act Excludes Some Workers
The Jones Act does not provide legal protections to every maritime worker. Maritime workers who are not American citizens do not qualify as seamen. Further, the Jones Act also does not provide protections to longshore workers, harbor workers, or contractors.
If you have any questions or concerns about whether you are eligible to access the protections afforded seamen under the Jones Act then reach out to our Jones Act attorneys at Bush & Bush. Our attorneys have significant experience in litigating maritime injury cases under the Jones Act.
Filing Requirements Under the Jones Act
The Jones Act allows the seaman or his personal representative to file the lawsuit either as an action at law with a jury trial or as an admiralty action with a bench trial before a federal judge. These lawsuits can also be filed in state court. Any action brought under the Jones Act must be filed no later than three years from the date of the event causing the injury.
How to File a Claim Under the Jones Act
You must follow the procedures set out under 46 C.F.R. § 4.05-01 to file a claim for personal injury under the Jones Act. Beyond that procedure, there are other best practices to ensure you maximize the value of your claim.
Report Your Injury Immediately
Under federal maritime law, you have seven days from the date of the injury-causing incident to report your injury to either your captain, employer or a senior officer. You should not wait seven days to report the injury; prioritize reporting it. It is a mistake to try to stay on duty before reporting your accident both in terms of your own personal safety and in terms of your legal case.
Seek Medical Assistance
Your safety and well-being are the most important thing after you are injured. You should immediately seek medical assistance and save proof of any medications prescribed to you and of all of the diagnostic tests you take. Even minor injuries should be examined by your trusted medical professional. This will ensure your physical safety and create documentation of your injuries that can later be used as medical proof in your case.
Make Sure Your Injury Report is Entered Into the Ship’s Log
The captain of your vessel is legally obligated to file a report using Form CG-2692 under federal regulations.
Fill Out Your Accident Report ASAP
Be as detailed and accurate as possible when filling out your accident report. Precision is especially important when you fill out the section about who caused the injury. Contact an attorney with significant experience in Jones Act litigation if you are unsure as to the identity of the at-fault party.
Do Not Speak With the Vessel’s Insurer
Insurers are profit-driven companies whose goal is to maximize the premiums they receive and minimize the value of the claims they pay. You do not have to give a written statement to them nor should you. If you feel coerced into signing any type of form then you should immediately contact a Jones Act attorney.
Call the Jones Act Lawyers at Bush & Bush Today to Set Up Your No-Cost Consultation
If you were injured in a maritime accident and are unsure of what your legal rights are then call our Jones Act attorneys at Bush & Bush Law Group. Our expert attorneys have a track record of producing excellent results for our clients. We provide the individualized client service of a small firm and the experience of a big firm.
Our firm provides free consultations about your case, so there is no reason to delay. Contact us online or call (469) 977-7777. If you hire us then you only pay when we win your case.