Maritime Blog 
Diver Accident Lawyer
Jones Act Cases
- Jones Act injury case against Waterman Steamship
- Injured worker sues D&S Marine Services under the Jones Act
- We are pleased to announce the coming publication of The Complete Guide to Jones Act & Maritime Injury Claims
- Offshore back and neck injuries at sea, on vessels, or on offshore oil rigs
- Jones Act Lawsuit Against Kirby Inland Marine and Capital Inland Marine
- Preventing offshore slip and fall injuries by using non-slip coatings on walking and working surfaces
- Can I negotiate an offshore injury case myself without hiring an attorney?
- Resolve Marine Hit With Jones Act Lawsuit After Boat Crashes Into Jetty
- SEAMEN'S ALERT - Important Warning for Injured Offshore Workers and Seamen
- Injured Worker Sues Horizon Offshore Following Back Injury
Maritime Injury & Death Cases
- Widow of deceased barge worker sues barge company under Jones Act
- Man Injured on Norweigian Cruise Line cruise ship near Miami
General
- Exxon Valdez case - Punitive damages allowed under maritime law
- New Longshore and Harbor Worker's case against Noble Drilling protects injured worker's rights
- Injured employee sues Matteson Marine Service under the Jones Act
- Houston Police Officer Dies in Crash with Truck
- Global Industries Offshore Settles Jones Act Case Brought by Injured Rigger
V&B Maritime Law News
- Navigazione Montanari S.p.A. and Pelican Offshore Services settle Jones Act case with mooring master
- 5th Circuit Upholds 1.2 million dollar Jones Act verdict
- Settlement for offshore welder who injured back
- Jones Act & Maritime Injury Claims Book
- Lawsuit Filed Against Blessey Marine Under the Jones Act
- Houston Maritime Death - Man Killed While Loading Ship
- Hoosier Marine Hit With Lawsuit By Injured Worker
- Injured Galleyhand Sues Universal Sodexho and Rowan Under Jones Act
- Worker Sues Diamond Offshore for exposure to hazardous chemicals
- Worker Sues Pride Offshore For Forcing Him to Work In An Unsafe Position
V&B Frequent Questions
General
- Am I required to give a written statement after I am injured?
- If I am injured offshore, am I required to sign paperwork in exchange for receiving medical benefits or maintenance payments?
- If I suffer an offshore injury, am I required to see only company doctors?
- If no one is at fault for my injury offshore, do I still get an medical benefits or wage replacement/lost wages?
- If I am injured offshore, can I bring claims for negligence against the parties who are at fault?
- I was injured on a U.S. government vessel - Do I have a Jones Act case?
- How do I know if I am a Jones Act "seaman?"
- What is General Maritime Law?
- What does "unseaworthiness" mean??
- What is "maintenance and cure?"
What is the Jones Act?
Injured seamen and offshore workers often ask me to explain their possible remedies under the Jones Act and to explain the Jones Act to them.The Jones Act is really a pretty straightforward set of rules first passed by Congress is 1920 and known as The Merchant Marine Act of 1920. The statute itself is short. Although the statute is short and can be read in less than 5 minutes, like ship that's been in the water a long time, the Jones Act has a lot of barnacles in the form of Court opinions that interpret it's provision.
With that in mind, here's a simple explanation of the Jones Act.
The Jones Act requires, first, that U.S.-flagged vessels be built in the United States, owned by U.S. citizens, and documented under the laws of the United States. Documented means "registered, enrolled, or licensed under the laws of the United States." In addition, all officers and 75% of the crew must be U.S. citizens. Vessels that satisfy these requirements comprise the "Jones Act fleet".
The Jones Act restricts the carriage of goods between United States ports to United States flagged vessels.
Second, and more important to injured maritime workers, the Jones Act also allows injured sailors to obtain damages from their employers for the negligence of the shipowner, the captain, or fellow members of the crew. It operates simply, by extending similar legislation already in place that allowed for recoveries by railroad workers and providing that this legislation also applies to sailors.
The language that gives injured seaman the right to recover damages for injuries suffered offshore is only one paragraph long:
"Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply. . . ."
An injured seamen has three legal remedies. The first is the right to "maintenance and cure," the second is under the Jones Act, and the third is under the doctrine of unseaworthiness. A simple analogy which, while not completely accurate, provides an easy way to distinguish between the three remedies is this: Maintenance (living expenses during recovery) and cure (medical care) is like workers' compensation. A shipowner is required to provide maintenance and cure regardless of whether or not it was negligent in causing the seaman's injuries. The Jones Act is essentially a negligence cause of action. If the shipowner isn't negligent, it has no liability to the seaman under the Jones Act. Unseaworthiness is like products liability law--if the ship or any of its appliances are defective, the seaman can sue the shipowner if he is injured due to the defect.
The Jones Act entitles injured sailors to recover past and future wage losses, medical care, and pain and suffering--elements of damages which are generally unavailable under maintenance and cure. Under maintenance and cure the shipowner is only required to provide medical care until the seaman reaches maximum medical cure, after which the duty comes to an end.
The Jones Act should not be confused with the Longshoremen's and Harbor Workers' Compensation Act, which is a Federal statute that defines the workers' compensation rights of dockside employees whose work affects shipping upon navigable waters. The Death on the High Seas Act governs remedies for the surviving kin of sailors who die on the job.
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Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue, Suite 1020
Houston, TX 77002
Phone: 713.224.7800
Fax: 713.224.7801
Library
Jones Act Cases
- Cruise ship injury cases - What are my legal rights if I am hurt on a cruise ship?
- The number one mistake to wreck your maritime injury case
- I was exposed to benzene, asbestos, or another toxic substance as part of my maritime employment - What are my legal rights?
- Injured in the Gulf of Mexico - What Law Applies?
- You have legal remedies if you are hurt on a cruise ship
Maritime Injury & Death Cases
- Tricks Offshore Employers Use on Injured Workers
- I was involved in an accident offshore and the insurance company wants me to give a recorded statement - What should I do?
- Five Things You Must Know If You Suffered An Offshore Injury
- Injured Offshore? Here are five helpful tips for navigating your legal voyage
- 5 Secrets Your Offshore Employer May Not Want You To Know If You Are Injured Offshore
Diver Accident Lawyer
- Diving Injuries - Are Diving Injuries Covered Under the Jones Act?
- What Law Covers Diving Accidents & Injuries?
General
- Financial Insecurity & Wrongful Termination - Two Big Fears When You Suffer An On-The-Job Injury
- Oil Platform Injury Cases
- How to hire the best lawyer for your injury or accident case
- I was injured on an offshore jack-up rig or oil platform - What are my legal rights to compensation?
- Reporting your offshore injury