by admin | January 30th, 2010
Tug Boat
Boating Accidents: Jones Act Negligence
The Jones Act, also called the Merchant Marine Act, is a U.S. maritime law that enables injured sailors, commercial fishermen and other seamen to receive monetary personal injury damages from an employer for the negligence of the vessel owner, ship captain or crew members.
Signed into law in the early 1900s, the Jones Act covers any maritime accident in which the employer caused or contributed to a worker’s injury or accident.
Types of Vessels Covered by the Jones Act
The Jones Act applies to most types of watercraft and some types of floating objects, including:
- Transport ships/tankers
- Cruise ships
- Crew boats
- Movable oil rigs
- Floating cranes
- Barges
- Dredges
- Commercial fishing boats
- Recreational boats
- Tug boats
- Ferries
The Jones Act covers vessels like those above that are operating in a “navigable body of water,” such as an ocean, lake, river, harbor or canal.
Types of Jones Act Negligence
Accidents and injuries at sea can be caused by a number of factors that can be traced back to negligence by the employer (or owner, leaders or crew). Just a few of these factors include:
- Failure to provide adequate vessel maintenance
- Presence of unsafe equipment or failure to require safety gear
- Poor operation of the vessel
- Failure to inspect the vessel
- Failure to provide sufficient training
- Failure to provide a work environment free of physical assault
- Poor safety policies
- Careless orders from vessel leadership
- Mandating excessive work schedules
- Failure to react to inclement weather conditions
- Failure to provide emergency medical attention
- Failure to inform workers of known hazards
- Non-compliance with industry laws or standard practices
Jones Act Damages
The damages that an injured seaman can receive under the Jones Act are usually much broader than those allowed for workers’ compensation in most states. In general, a worker could be eligible to receive compensation for:
- Present and future lost wages
- Pain and suffering (including emotional distress and mental anguish)
- Future anticipated and ongoing medical expenses
- Medical expenses and daily living expenses not paid for under “maintenance and cure” maritime law
- Other out-of-pocket expenses related to the injury
A claim under the Jones Act can be filed in federal or state court.
About the Author
If you would like to learn more about the Jones Act, please visit the online resources provided by the experienced Jones Act lawyers at Chaikin, Sherman, Cammarata, & Siegel P.C., serving the Washington, D.C., Virginia and Maryland areas.
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