If you work on a commercial fishing vessel off the California coast or on inland waterways, you already know how dangerous the job can be. Suffering an injury far from shore can leave you unsure of what to do next, especially when your employer controls the vessel and the situation.
Understanding how the Jones Act works can help you understand your potential rights and legal options before your employer or their insurer shapes the story for you.
The Jones Act gives you the right to sue your employer
The Jones Act gives injured crew members the legal right to take their employer to court over negligence. To qualify, you generally need to spend at least 30% of your working time aboard a vessel in navigation, a threshold that frequently applies to full-time crew members.
Under federal law, you must demonstrate that your employer’s negligence played some part, even a small one, in causing your injury.
You may also have a claim for an unseaworthy vessel
If the vessel you worked on was not fit for its intended purpose, you may have an additional claim separate from the Jones Act under the legal doctrine of unseaworthiness.
Unlike a Jones Act claim, this does not require you to prove that anyone was negligent. If defective equipment, broken gear or unsafe conditions aboard your vessel contributed to your injury, the vessel owner can be held responsible regardless of fault.
Maintenance and cure covers you regardless of who was at fault
Even if the fault is unclear or disputed, maintenance and cure benefits should begin from the moment your injury occurs. Maintenance covers your daily living expenses while you recover ashore. Cure covers your reasonable medical expenses until your condition no longer improves with further treatment.
You do not need to prove negligence to receive these benefits, and they should begin promptly after your injury.
Non-citizens working on U.S. vessels are also protected
You do not need to be a U.S. citizen to bring a Jones Act claim. If you were injured while working on a U.S. vessel in navigable waters, federal maritime law may still protect you regardless of your nationality. This is something many foreign national crew members are not aware of when deciding whether to pursue a claim.
Consulting with a maritime attorney about your situation
Jones Act claims involve strict deadlines and complex legal standards that differ significantly from ordinary personal injury law. Speaking with a lawyer experienced in maritime law can help you understand what compensation you may qualify for and what steps to take next.
