Personal Injury Law

Why the Jones Act is Important to Seamen

By Timothy Young

The Jones Act is a federal law that "allows an injured employee to file suit directly against their employer, and collect money damages, for any of their employer's negligence which may have caused or contributed to the employee's injury". This is a change from old laws, which would not allow an employee to sue his employer, even if the employer was the cause of the employee's injuries. The Jones Act is what enables seamen to sue their employers if they are injured on the job while at sea.

In order to utilize the Jones Act in a lawsuit, you must be able to prove that your employer or co-employees were directly at fault for your accident, either by not providing safe working instructions, a safe working environment, or safe working equipment. Usually, you can do this by demonstrating how the accident could have been avoided if your employer or co-employees had acted differently. If this is the case, then you are deemed a "ward of the court", meaning that the courts have the responsibility to protect you and your rights.

But if your employer can prove that your actions helped contribute to the accident, then they can argue what is called "comparative fault". This usually means that they would only have to pay a certain percentage of the claims you seek, and the amount they pay is usually based on the percentage of fault that they should claim. Employers usually prove that you are at fault by taking statements from you directly after the accident, so you should be careful about what you say on record.

The Jones Act is very beneficial to seamen because it, unlike Worker's Compensation, allows seamen to sue for their rights if they are injured on oil rigs or "vessels" at sea. If you are a seaman and you have been injured on the job, don't assume that you are without rights- the Jones Act has been created to protect people just like yourself, and you should utilize it to receive compensation for your losses.

Full post as published by New Orleans Personal Injury Lawyer on March 16, 2010 (boomark / email).