The Jones Act provides protections to seamen who are injured while in the service of a vessel and who can prove their employer was negligent. The law also stipulates employers must provide employees with a safe working environment and take steps to ensure the vessel is maintained within reasonably accepted conditions. In fact, negligence under the Jones Act is defined as any act, no matter how slight, which caused or contributed to cause injury to the seaman.
What Is Unseaworthiness?
A ship owner owes every crew member employed on its vessel the absolute duty to keep its vessel and all its decks, gear, tools, and equipment in good condition at all times. If the vessel owner does not provide a vessel in good working order, and the vessel or equipment is the cause of an injury to the seaman, then the vessel owner is responsible to the seaman for his/her damages that resulted from that injury.
For example, if the seaman is assigned to do a job and is provided tools or equipment that fail and cause injury to the seaman, the vessel owner is responsible to pay the damages suffered by the seaman. Also, if the seaman is assigned to do a job and is injured because not enough people were assigned to help complete the task, then the owner is responsible for the seaman’s injury and damages.
Damages
If a seaman suffers injury due to the negligence of the owner, captain, or crew of a vessel (Jones Act), or because the vessel or its equipment or manning was insufficient to safely complete the job, then a seaman can be compensated for past and future wage loss, medical care, pain, suffering, mental anguish, and any impairment suffered.
For more information about General Maritime Law or the Jones Act, or to find out if you have grounds to file an injury claim against your employer or the ship’s owner, call the maritime law experts at Maintenance and Cure by phoning 1-800-836-5830 now!
