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Understanding the Finer Points of the Jones Act

Posted in General, Jones Act
Finer Points of the Jones Act

Passed in 1920, the Jones Act is legislation that protects workers who become ill or injured while working offshore. The Act covers anyone who is employed on a sailing vessel that navigates in waters used for foreign or interstate trade. The crewman must be engaged in work that directly impacts the vessel’s mission and may include:

  • Fisherman
  • Crabbers
  • Cruise Ship Personnel
  • Entertainers
  • Captain and crew
  • Workers on oil rigs, cargo carriers, dredges and barges

The Act provides compensation for living expenses while incapacitated, medical expenses, costs associated with rehabilitation and even vocational training if a worker is unable to return to his or her prior position.

Common Complaints Covered Under the Jones Act

Almost any type of injury that can occur on land can also happen offshore. The Maritime Injury Guide lists the most common causes:

  • Falling objects
  • Slips, trips, falls
  • Impact from heavy equipment
  • Exposure to toxic chemicals and temperature extremes
  • Falling overboard

As a result, common injuries include:

  • Traumatic brain injuries
  • Injuries to the spinal cord
  • Burns
  • Scarring
  • Lung damage
  • Broken bones
  • Lacerations
  • Crushing injuries

If you’ve been injured or become severely ill at sea due to circumstances beyond your control, contact Schechter, Shaffer and Harris to discuss your options.

What Causes Injuries at Sea?

As a worker on a cruise ship, oil rig or other seagoing vessel, many factors can cause you to receive a debilitating injury. These include poor ship maintenance, negligence on the part of the captain or crew, failure to handle food properly, inadequate safety training or standards, operating the ship while severely understaffed and more. Even if you think what happened was out of anyone’s control, you should insist on representation. Odds are good that there’s a solid reason why your injury occurred and an even better chance that your injury or illness is covered under the Jones Act.

Frequently Asked Questions Regarding Coverage

Is there a statute of limitations on Jones Act claims?

  • Yes. The typical time frame for filing a compensation claim under the Jones Act is three years from the date you become injured.

What type of coverage can I request?

• Generally, the Jones Act provides you with a regular income while you recover. It can also pay for pain and suffering, medical expenses, expenses associated with rehabilitation, and even for loss of enjoyment of life. If there’s a delay between the date of your injury and the time that you file your claim, you may be able to ask for retroactive coverage for all of the above.

What’s included in Jones Act maintenance and cure?

• Benefits received for maintenance and cure include the costs associated with recovery until you’re at 100 percent health. Maintenance is typically calculated at a daily rate, while cure refers to the costs of actual medical treatment.

Call for More Information Today

If you’ve been injured during the performance of scheduled duties offshore, contact the law offices of Schechter, Shaffer and Harris to discuss your recommended course of action. You shouldn’t have to suffer with the stress and worry of how your family will survive while you’re incapacitated, and thanks to the Jones Act of 1920, you don’t have to. Call us today at 1-800-836-5830.

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