Off Shore Accidents/ Jones Act
What is the Jones Act?
The Jones Act is a law enacted by Congress that provides protection to persons who are members of the crew of a vessel. This law applies to inland river workers as well as offshore workers who work on floating, movable structures. The act is to govern the liability of vessel operators and marine employers for the work-related injury or death of an employee, although it is not the same as workers’ compensation; it does not require payment regardless of fault. To be able to receive compensation for their injury, the seaman has to prove that it was a cause of the negligence of a coworker, employer, or a defect of the vessel.
Maintenance and Cure
Maintenance and cure are the names given to the legal remedy of a seaman if he/she is injured on a vessel, regardless of the fault of the vessel or its operators. Maintenance rates range from $15 - $50 per day in order to provide the food and shelter that the seaman would have been provided aboard the vessel. The seaman employer’s obligation to provide medical treatment, prescription drugs, nursing services, hospitalization, rehabilitation and therapy until the seaman reaches maximum medical improvement is called cure. Once a seaman reaches maximum medical improvement, the vessel owner's obligation to pay maintenance and cure ceases whether or not the seaman can return to work.
Unseaworthiness Claim
The vessel owner owes the seaman a strict and absolute duty to provide a seaworthy vessel. A seaworthy vessel is one that is reasonably fit for its intended use, it should be a safe place to work and live. A seaworthy vessel should be equipped with appropriate safety gear and equipment, safe recreation facilities and a complete crew. A seaman can recover if he/she can prove that the vessel was unseaworthy and that he/she was injured as a result.
An unseaworthy vessel is not necessarily a ship that is in danger of sinking. A vessel may be deemed unseaworthy if a piece of equipment breaks or is inoperable, the ship's crew is too small, incomplete, or not adequately trained, or a condition exists where it is not intended to. An unseaworthiness claim can bring the owner into a lawsuit as additional compensation for the marine worker.
If you or a loved one has been the victim of an offshore accident, Kahn & Harrison can help. Contact us today at 1-877-226-9940.
