
The Jones Act covers both members and masters of a crew. Anyone who has a substantial connection with a vessel or fleet of vessels and whose duties contribute to the function or mission of the vessel is covered under the Jones Act.
To be covered by the Jones Act, you must have a substantial relationship in terms of duration and nature with the ship or fleet of ships. If you do not have the substantial relationship, but are a contract employee who works on multiple vessels (not under common ownership), you will probably be covered by Longshore or Maritime law, and not the Jones Act.
There are several types of damages available under the Jones Act. Legal damages are intended to compensate the injured party for his loss, and not to put him in a better position than he was before the injury. If you are injured and covered by the Jones Act, you may be able to recover:
Lost Wages – The Act provides that a worker can recover lost wages for the time that he has been unable to work if he can show that the injury was at least partly the fault of his employer.
Lost Earning Capacity – Even after you have recovered from your injury and return to work, you may not be able to earn wages at the same rate that you could pre-injury. For this reason, the Jones Act holds negligent employers liable to their employees for any dip in earning capacity that the injury causes. An estimate of your lost earning capacity can be made by taking your post-injury pay rate and subtracting that from your pre-injury rate. For instance, if you are currently making $30,000 and used to earn $45,000, then your lost wages would be $15,000 per year.
Pain and Suffering – The Jones Act also provides for “pain and suffering” damages to injured employees. While it is impossible to put a dollar value on the amount of pain you have suffered, we can reach a ballpark figure either in settlement negotiations or in front of a jury that will compensate you for the pain you have suffered.
Medical Expenses – Health Care costs a lot of money today. The Jones Act provides that an injured seaman can recover medical expenses from his employer. This figure covers hospital care, surgeries, and medication.
Disfigurement – Injured seamen may also be entitled to compensation for disfigurement damages. These are intended to compensate the seaman for any embarrassment that he feels due to the way they look after the injury. This figure may compensate for scarring, loss of limb, changes in the ability to hear, or changes in the way you walk.
Mental Anguish – The final category of damages is for mental anguish. If you are no longer able to enjoy some of the things you used to enjoy, you may be entitled to monetary compensation for mental anguish. For instance, if your favorite sport was golf and an injury to your shoulder prevents you from swinging a club, you may be entitled to compensation for the loss of this ability.
Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue, Suite 1020
Houston, TX 77002
Phone: 713.224.7800
Fax: 713.224.7801