Maritime Law and Jones Act Overview

Maritime law is a wide-ranging area of law covering events on all navigable waterways. Areas of interest include shipping collisions, loss of vessels, loss and damage to cargo, negligence in vessel construction and maintenance, environmental damage, design and construction of water craft, and numerous other problems. Maritime cases in federal court are tried before a federal district court judge, and do not involve a jury. The Jones Act covers injuries to seamen and other employees serving aboard vessels, such as injuries from equipment and injuries in the discharge of their duties aboard the vessel, including slip and fall Although federal courts have primary jurisdiction, both maritime law and Jones Act cases also can be tried in the state courts.

The Jones Act is a federal law prescribing the terms of workers compensation for seamen. . The Jones Act contains fewer limitations than workers compensation law, and it covers anyone working on a vessel on navigable waterways. The term “navigable waterways” has been broadly interpreted by the courts to include almost any body of water, including harbors, rivers and inland lakes. The Supreme Court has ruled that any worker who spends more than 30 percent of his time in the service of a vessel on navigable waters qualifies as a seaman under the act. This ruling means that workers on board a vessel whose job is not directly associated to the vessel’s functioning, such as hospitality staff on a cruise ship, are covered by the Jones Act.

The Jones Act permits seamen injured because of negligence by any member of a ship’s crew or its officers, or by the ship's owner to seek financial damages from their employers. Negligence can include dangerous working conditions, defective or improperly maintained equipment, or incompetence or failure by the ship’s officers or crew members to comply with appropriate procedures or regulation.

The Jones Act also covers injuries due to asbestos exposure, such as mesothelioma, lung cancer, astbestosis and other asbestos-related diseases. These illnesses develop over extended periods of time, sometimes decades after the initial exposure. It is very important to be able to document the dates of shipboard employment and the time at which the employee became aware of the illness or injury.

The Jones Act also specifies that a seaman who is injured or becomes sick while in the service of a vessel has a right to maintenance and cure to promote his or her optimal recovery. Maintenance refers to room and board, a daily payment to a sick or injured seaman for food and housing until the seaman is able to return to work. Cure refers to medical expenses which the vessel’s owner must pay to a seaman disabled by illness or injury. Medical expenses may include hospital and physicians’ services, rehabilitation, medication, nursing care and other necessary care, and must be continued until the injured or disabled individual reaches maximum medical cure, or until the individual's condition has stabilized.

CaseyGerry has practiced extensively experience in Maritime Law and Jones Act work. Our maritime and Jones Act attorneys have handled cases involving enormous oil spills caused by large corporations, and injuries to individuals employed on vessels of all sizes.

Maritime and Jones Act cases can be complex and long-lasting. If you or a loved one feels that you have a possible Jones Act or maritime law claim, you should consult an experienced maritime law and Jones Act attorney as soon as possible. There are statutes of limitations that apply to these cases, laws which limit the time in which you may file a claim. If you or a loved one has suffered an injury or if you have lost a loved one in a maritime event, you should not delay in contacting an attorney. If the statute of limitations expires, your right to pursue a claim may be forever barred.

You may always contact Casey Gerry for a evaluation of your case at no cost to you.