Understanding the Jones Act
The Jones Act Protects Injured Workers and Provides Legal Rights
If you’ve been injured while working on a vessel in navigable waters, the Jones Act can provide important legal rights, including a right to medical care and wage loss that goes far beyond what standard workers’ compensation can provide. If an accident prevents you from working, it is important to know your rights under the Jones Act, and who can protect them. As a maritime injury law firm, McGuinn Hillsman & Palefsky specializes in helping injured seamen across the West Coast to understand the law, receive the medical care they need and recover every dollar of the compensation they deserve.
What Is the Jones Act?
The Jones Act (46 U.S. Code § 30104), formally known as the Merchant Marine Act of 1920, is a federal law that allows injured seamen to sue their employer for injuries they suffer at work as a result negligence. Unlike shore-based workers who can be limited to workers’ compensation benefits, the Jones Act empowers water based employees to pursue all of the monetary damages associated with a personal injury lawsuit, including pain and suffering, full lost wages, and full medical expenses.
This legislation recognizes the unique dangers faced by those who work on moving vessels and provides specific and enhanced legal protection to reflect the hazardous nature of maritime employment.
Jones Act Damages: What Compensation Can You Recover?
One of the most significant advantages of the Jones Act is the comprehensive monetary damages it makes available to injured seamen. Unlike workers’ compensation, which limits recovery to specific benefits with pre-determined maximums, the Jones Act allows an injured worker to pursue full compensation for their disability, including:
- Past and future medical, rehabilitation and therapy expenses;
- Past and future lost wages and earning capacity;
- Vocational retraining expenses;
- Pre-Judgement Interest;
- Compensation for pain, suffering, mental anguish;
- Compensation for the emotional distress associated with losing a career;
- Compensation for loss of enjoyment of life;
- Permanent disability and disfigurement; and
- In specific cases involving egregious employer conduct, punitive damages are available, which can double the overall recovery.
Maintenance and Cure: Additional Maritime Benefits
In addition to Jones Act negligence claims, injured seamen are entitled to “maintenance and cure” benefits regardless of fault. These benefits include:
- Maintenance: Daily living expenses while you recover; and
- Cure: All reasonable medical treatment until you reach maximum medical improvement.
Your employer must provide maintenance and cure benefits even if they weren’t at fault for your work place injury. In fact, if your employer wrongfully denies or delays these benefits, you can be entitled to attorney’s fees and punitive damages on top of damages.
Time Limits for Filing Jones Act Claims
The statute of limitations for Jones Act claims is three years from the date of injury. However, waiting too long to file a suit can jeopardize your case as evidence may be lost, witnesses’ memories fade, and your employer may dispose of relevant records
The statute of limitations for Jones Act claims is three years from the date of injury. However, waiting too long to file a suit can jeopardize your case as evidence may be lost, witnesses’ memories fade, and your employer may dispose of relevant records