Maritime workers are among the most under-pressure employees because of their demanding and dangerous profession. Given the risks associated with working at sea, legal protections for maritime employees are essential.
The Jones Act is an invaluable legislation that provides critical safeguards for injured maritime workers. The legislation helps ensure workers receive proper compensation and legal recourse in the event of an accident.
What is the Jones Act?
This federal legislation presides over maritime commerce and protects U.S. seamen who get injured on the job. It was designed to make sure that seafarers have legal avenues to seek compensation for work-related injuries.
Who is covered under the Jones Act?
The Jones Act specifically covers seamen who spend a significant portion of their employment working aboard a vessel in navigation. To qualify as a seaman, an employee must contribute to the vessel’s function or mission. Commonly covered workers include:
- Deckhands
- Engineers
- Captains
Workers who do not qualify as seamen, such as dockworkers, shipbuilders or longshoremen, are generally not covered under the Jones Act.
Rights and protections provided by the Jones Act
One of the key benefits of the Jones Act is that it empowers injured seamen to sue their employers for negligent practices. Conventionally, employees cannot file a lawsuit against their employers for workplace injuries.
However, the Jones Act empowers seamen to seek damages if they can demonstrate that their employer’s negligence resulted in their injury. Additionally, the Act includes a provision known as maintenance and cure. This helps ensure that injured seamen receive daily living expenses (maintenance) and medical care (cure) until they reach maximum medical improvement.
How the Jones Act Differs stands out
Unlike standard workers’ compensation laws, which provide no-fault benefits, the Jones Act requires injured workers to prove negligence. This means that seamen must demonstrate that their employer:
- Failed to maintain a safe working environment
- Provided faulty equipment
- Engaged in other negligent practices
While this requirement makes claims more complex, it also allows for higher compensation compared to traditional workers’ compensation benefits.
The Jones Act protects maritime workers by empowering them to seek compensation for work-related injuries caused by employer negligence. Injured workers are required to prove that their employee was negligent before pursuing compensation. Learning more about this Act may help injured workers receive the financial and medical resources they need to recover.