Maritime & Jones Act Claims

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"Offshore injuries are particularly damaging because of the worker's future disability.  Energy and shipping companies have great reserves of wealth and should take responsible care of their injured workers." Jeffrey C. Chilton

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Jones Act Claims involve injuries to offshore employees.  The Jones Act is the body of law that regulates compensation to workers who have been injured on or near the water.  The vast majority of workers who are injured on or near the water are eligible to file a Jones Act claim, especially if the injured worker is employed as a member of the crew of a vessel or offshore oil platform.

Jones Act Settlements are typically quite large.  The decision whether to file a regular workers' compensation claim or a Jones Act claim can mean the difference between thousands or millions of dollars. When choosing a lawyer to represent you in a Jones Act claim, it's vital that you pick an attorney who understands the value of these cases and knows how to handle them.

History of The Jones Act

The Jones Act was passed to make sure that injured seamen received adequate medical care and room and board following a disabling injury.  The law basically extended benefits to injured offshore workers that had previously been written into law for other railroad workers. Before the Jones Act was written in 1920, laws did not exist to make sure that injured offshore workers would be taken care of.  Prior to 1920, injured maritime workers could only file a general maritime law claim.  Maritime law (often referred to as admiralty law) is just a mixture of common law and other practices passed down by ancient seafaring nations, and over time, was integrated into the American legal system.

Jones Act Maintenance & Cure

There are two types of compensation under the Jones Act.  1) Maintenance and 2) Cure.  "Maintenance" is the legal term for berthing, room, and board (or more simply, food and shelter).   "Cure" is the legal term for medical care.

Jones Act Maintenance

First, Maintenance is paid to injured seamen to help provide room and board to offshore workers who are not able to stay onboard a vessel during recovery.  Maintenance is calculated per diem (by the day) at a rate equal to the company's otherwise normal room-and-board expended for the worker before he or she became injured.  Sadly, the courts have consistently upheld maintenance amounts ranging from a mere fifteen to 30 dollars per day. These benefits will be paid until the injured employee has been determined to have reached "maximum medical cure" (or more simply said - as good as you're likely to get).

Jones Act Cure

Next, an injured offshore worker who falls under the protection of the Jones Act is entitled to Cure.  In other words, an injured seaman is entitled to all reasonable and necessary medical care  as it relates to the offshore injury.  The concept of Cure may also be extended to include future medical care for the injury, and a settlement may be reached to that end.

Damages for Pain And Suffering

If the injury was the result of negligence, then the injured worker will also be entitled to compensation for "pain and suffering" associated with the injury.  Additionally, if it can be shown that the injury was also partially the result of the vessel's lack of seaworthiness, then the injured worker will have additional claims for damages as well.

A vessel is considered unseaworthy if the vessel or its crew were not reasonably fit for their intended use and that the lack of seaworthiness caused or contributed to the injury. The courts are typically very liberal in their determination of whether vessel's are seaworthy, and normally, unseaworthiness claims have not been difficult to prove.

If you have questions and need to talk to a Jones Act Lawyer, Please Contact Us if you have any questions about an injury you have suffered or to report a personal injury case you have.