Jones Act, officially known as the Merchant Marine Act of 1920, was passed by Congress so that injured seamen may receive compensation
for their work related injuries. The applicability of this Act is both
broad and narrow at the same time.
Experienced Poughkeepsie boating accident attorneys know when, where, and how to apply this statute when a seamen is injured
on the job. They also know the statute of limitation period within which
the suit must be commenced. Additionally, experienced Poughkeepsie attorneys
know the courts that which hold jurisdiction over the case; federal courts
in this instance.
For example, seamen working on inland waters are covered under the Jones
Act, so too are offshore seamen. Moreover, almost every type of vessel
imaginable is covered under the Jones Act. In general, any floating and
movable structure is covered, such as cruise ships, construction barges,
diving boats, recreational vessels, tankers, dredge vessels, cargo ships,
rigs, barges, jackup rigs, and the like are all valid examples.
We know who is covered; employees working on these vessels during
boating accidents. We know what types of vessels are covered. When are employees covered
while working on these vessels?
If there is a work related injury and or death that occurred while working
on the vessel, and that injury and or death is attributed to the negligent
act of another, then the injured party may be able to hold the owner and
or operator liable for their injuries. This is where the Jones Act is
different from Workers’ Compensation laws where benefits and compensation
can be received regardless of fault.
The owner, employee, operator, or officer of the vessel must have been
negligent in order for the injured seamen to receive compensation under
the Act. Of course injury or death attributed to a defect in the vessel
and or its maintenance is covered as well if such was caused by a negligent
act or omission.
In short, the
Jones Act created a cause of action by which seamen injured on the job when acting
in furtherance of the company’s objectives may sue his or her employer
to receive compensation for damages arising out of those injuries.
Specifically, the employer will have to pay for the seamen’s medical
bills and a daily allowance must be paid to the injured seaman. Economic
loss, past, present, and future may be recovered from the negligent employer
as well. Of course your pain and suffering is compensable too. This is
to be expected, but you should also know that maritime law provides compensation
for lost enjoyment of life, mental anguish, and even the lost ability
to take care of yourself, including losing the ability to do household chores.
Learn more about boating accidents in the latest article by our law firm
discussing various issues involving boating accidents causes, including
safety, common causes, liability, and the Jones Act,available by clicking here. Read about the shocking statistics and boating accident prevention tips
by clicking on the
link to our blog post available here. Learn about the common causes of boating accidents and how to prevent them by
clicking our post available here. There are special issues with ferry and cruise ship accidents, even cruises
on the Hudson River, that you should be aware of by clicking on the link to
our blog post discussing these unique issues available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.