Jones Act claims allow seaman the right to receive various forms of compensation when they are injured while in the service of a vessel. The question as to whether barge workers would be able to file for compensation with help from a Jones Act attorney depends on several different factors, as follows.
Was the injured person considered a seaman?
The first factor that must be satisfied is the injured worker must be defined as a seaman. In general, the person must have been in service of a vessel in navigation. They must have also spent the majority of their working hours onboard the vessel.
Did the injured person contribute to work onboard the vessel?
The next question that must be answered is whether the job duties of the seaman contributed to the vessel’s mission. The mission is the purpose of why the vessel is in navigation, such as to build a new bridge from a construction barge.
Has the injured person spent a significant amount of time on the vessel?
This factor requires the seaman to meet certain employment guidelines to be considered a seaman. For practical purposes, a minimum of 30% of the seaman’s time employed must have been onboard the vessel.
Was the vessel considered in navigation?
To qualify under the Jones Act, the vessel must be in navigation. This does not mean the vessel has to be moving at the time of the accident. In general, navigation means the vessel has the ability to move on its own in navigable waters. The vessel could be docked or anchored at the time of the accident and still be considered in navigation.
Was the vessel in navigable waters?
Navigable waters mean the vessel in question was in water commonly used for commerce and trade. Navigable waters include rivers, lakes, streams, inlets, and oceans.
When is a barge not considered in navigation?
There are some exceptions where a vessel is not considered in navigation. One such exception applies to casino and gambling barges. The barge is afloat in water but never moves around, so it might not be considered in navigation.
As you can see, it is important to get help from a Jones Act attorney with knowledge of admiralty jurisdiction when filing a maritime injury claim. Even if you do not qualify under the Jones Act, there are other maritime laws and acts that may apply to your situation.
For a free case evaluation and consultation, call Maintenance and Cure, part of Schechter, Shaffer & Harris, L.L.P. at 800-836-5830 now.
