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Jones Act Seamen Have Legal Rights

Serious injuries can result from an accident on a ship, oil rig, barge, tug or other vessel. A commercial dive can also go terribly wrong, leaving the diver with life changing injuries. While you can't undo the damage that results from one of these types of maritime accidents, you can pursue compensation.

Under the Jones Act, a maritime worker can file a claim when injuries are caused by negligence of the owner of the vessel or unseaworthiness of the vessel, its agents or the crew. This federal law allows injured workers to seek monetary damages for pain and suffering, impairment of earning capacity, medical bills and other costs that have resulted from negligence or unseaworthiness.

To be eligible to file a Jones Act lawsuit, the injured worker must be considered a seaman. The Jones Act defines a seaman as someone who is a crewmember of a vessel or someone who has been assigned to a fleet of vessels. Generally speaking, most people who work on the water or on vessels, including fishing boats, barges, movable platforms, etc., will be classified as Jones Act seamen. Even construction workers, at times, have been found to be seamen. See Calcetera v. City of New York, _NYS.2d_. The compensation awarded under the Jones Act is typically greater than workers' compensation benefits.

There is a statute of limitations as to when you can file a Jones Act claim, which is three years from the date of injury. That means you have a three-year deadline to file your maritime injury claim. While this amount of time may seem like a lot, your maritime attorney will need as much time as possible to prepare a strong case on your behalf. Investigation, photography and witness statements needs to be done as soon as possible after and incident to preserve evidence.

For more information regarding the rights of Jones Act seamen or to see if you are able to file a claim to obtain compensation, contact a maritime lawyer at the law firm of Hofmann & Schweitzer at our New York office at 212-465-8840, our New Jersey office at 908-393-5662 or toll free at 1-800-362-9329.

We are not afraid to go to battle against big shipping companies and corporations and we will work hard to get the compensation you and your family deserve, which we have been doing for more than three decades.


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