When you’re injured in an accident on the water, Jones Act claims are designed to provide employee protection and financial compensation. These types of cases allow maritime workers to receive damages if they suffer injury or illness due to negligence or unseaworthiness while working on a vessel. While these claims can be complex, understanding the basics of your claim can help immensely when seeking justice for injuries sustained while employed onboard a ship.
At Breit Biniazan, our maritime lawyers specialize in handling Jones Act claims, unseaworthiness cases, and other maritime injury laws to ensure injured maritime workers get the compensation they deserve. If you or a loved one was injured while working on a vessel, you may be entitled to compensation under the Jones Act. Our experienced Jones Act attorneys are ready to fight for your rights.
What Is a “Seaman” Under the Jones Act?
To qualify as a "seaman" under the Jones Act and bring a claim, you must meet specific federal maritime law criteria related to your work on a vessel. Essentially, a seaman is an individual who contributes to the vessel's mission or function while spending a significant amount of time (generally 30% or more) working aboard a vessel or fleet of vessels involved in navigation or maritime transportation. Your duties must substantially involve the vessel’s operation or navigation.
Examples of individuals who typically qualify as seamen include:
- Deckhands
- Engineers
- Captains
- Crew members on commercial ships, fishing boats, oil rigs, and barges
If you believe you meet this criteria, and can prove your employer's negligence or the vessel's unseaworthiness, you may be entitled to compensation for injuries or illnesses sustained while working on the vessel. Due to the complexities of the Jones Act, it is crucial to consult with an experienced maritime attorney to help navigate these eligibility requirements and procedures.
Common Maritime Injuries in Jones Act Claims
Seamen suffer a range of injuries on the job, many of which form the basis for Jones Act claims:
If you have experienced any of these injuries while working at sea, it’s critical to consult a seasoned seaman injury attorney.
Employer Negligence and Responsibilities under the Jones Act
Employers have a legal duty to provide a safe and seaworthy vessel and work environment. Employer negligence, a core element of Jones Act claims, can include:
- Failure to maintain or repair equipment/machinery
- Insufficient crew training or understaffing
- Unsafe working conditions (slippery decks, lack of safety gear)
- Failure to warn of hazards
- Negligent supervision
Employers who fail to meet their obligations under the Jones Act may face significant legal consequences and monetary penalties. For injured seamen, understanding these rights and proving employer negligence can be a complex process. It is highly recommended to seek the guidance of an experienced maritime attorney to ensure your rights are protected and to navigate the intricacies of a Jones Act claim.
What Does “Unseaworthiness” Mean in Maritime Law?
Unseaworthiness means the vessel or its equipment is not reasonably fit for its intended use, endangering the crew’s safety. The vessel owner is strictly liable for such conditions, regardless of fault. Examples of unseaworthy conditions:
A vessel accident lawyer can help prove unseaworthiness claims alongside negligence claims for maximum recovery.
Jones Act vs. Longshore and Harbor Workers’ Compensation Act (LHWCA) — What’s the Difference?
The Jones Act applies to seamen who spend a sizable amount of time on a vessel navigating waters. It allows claims for employer negligence and unseaworthiness.
Whereas the LHWCA protects longshoremen and harbor workers injured while loading/unloading vessels, working on docks, or nearby areas. It provides workers’ compensation benefits but generally bars lawsuits against employers.
If you are unsure which law applies to your situation, our maritime lawyers can evaluate your case.
Filing a Jones Act Claim: What to Expect
Filing a Jones Act claim can be a complex process, but with the right guidance and knowledge, it can be a lot more manageable.
- Confirm Eligibility: The crucial first step is to ensure you meet the necessary eligibility requirements to be considered a "seaman" under the Jones Act (e.g., working on a vessel, contributing to its mission, spending a significant portion of your time aboard).
- Document the Injury and Seek Medical Attention: As soon as possible after the injury occurs, document everything. Seek immediate medical attention, even if your injuries seem minor, and keep detailed records of all diagnoses, treatments, and expenses.
- Gather Information and Documentation: Collect all relevant information and evidence related to your injury, such as incident reports, witness contact information, photographs, and medical records.
- Notify Your Employer: You will typically need to submit a formal written notice to your employer regarding your injury.
- File a Lawsuit (if necessary): If a resolution cannot be reached with your employer, the next step involves filing a lawsuit against the responsible parties.
The legal process for a Jones Act claim can be lengthy and difficult. However, with the help of Breit Biniazan’s skilled maritime attorneys, you can navigate these legal waters and significantly increase your likelihood of receiving the compensation and support you deserve for medical expenses, lost wages, pain and suffering, and other damages.
Statute of Limitations for Jones Act Claims
The statute of limitations is a critical deadline for filing a Jones Act claim. This specific timeframe dictates how long you have from the date of your injury or the date you discovered your injury (or reasonably should have discovered it) to initiate legal action.
- General Rule: For most Jones Act claims, you generally have three (3) years from the date of your injury to file a lawsuit.
- Variations: While three years is the standard, the specific timeframe can sometimes vary depending on the unique circumstances of your case and the state in which it is being filed.
Because of these strict timelines, it is crucial to speak with a qualified attorney who is well-versed in Jones Act claims and can help you navigate the complex legal process. By doing so, you can ensure your rights are protected and increase your chances of receiving the compensation you deserve. Don’t wait too long – contact Breit Binizan as soon as possible to discuss your options.
Why Choose Breit Biniazan’s Jones Act Injury Lawyers?
- Led by Jeffrey Breit, a recognized maritime law expert and member of the Plaintiffs’ Steering Committee for the BP Deepwater Horizon litigation.
- Comprehensive experience handling Jones Act, unseaworthiness, and maritime workplace injury claims.
- Strong network of maritime safety and engineering experts to build compelling cases.
- Proven track record in maximizing client compensation.
Start Your Jones Act Injury Claim Today
You've faced danger on the water, don't face the legal battle alone. If a maritime injury has impacted your life, it's critical to protect your legal rights immediately. Contact Breit Biniazan's trusted Jones Act attorneys for a free, confidential case evaluation. We'll provide the clear guidance and aggressive advocacy you need to secure fair compensation.
Your maritime injury demands action. Protect your rights and secure compensation. Reach out to Breit Biniazan for a free, confidential case evaluation today!
Frequently Asked Questions about Jones Act Claims
Who qualifies as a seaman under the Jones Act?
A seaman is someone who works on a vessel and contributes to its function or mission, spending at least 30% of their time aboard vessel(s) in navigation.
What types of injuries are covered by Jones Act claims?
Jones Act covers all injuries caused by employer negligence or unseaworthy vessels, including back injuries, TBIs, crush injuries, amputations, and more.
What is unseaworthiness in maritime law?
It means the vessel or equipment is unsafe or not properly maintained — owners are strictly liable for resulting injuries regardless of fault.
What is the difference between the Jones Act and LHWCA?
Jones Act protects seamen on vessels, allowing negligence claims. LHWCA protects longshore workers with workers' compensation benefits but no direct employer lawsuits.
How long do I have to file a Jones Act claim?
Generally, you must file within 3 years from the injury date — consult an attorney promptly to avoid missing deadlines.
What damages can I recover under the Jones Act?
Damages include medical expenses, lost wages, pain and suffering, future lost earning capacity, and sometimes punitive damages.
Your fight for fair compensation begins with a simple call — let Breit Biniazan help you navigate the complexities of maritime injury law.