An injured Jones Act seaman has three fundamental rights their employer cannot take away: the right to maintenance and cure benefits regardless of fault, the right to sue for negligence under the Jones Act, and the right to an unseaworthiness claim against the vessel owner under general maritime law.
Do You Qualify as a Jones Act Seaman?
These rights apply only to workers who qualify as Jones Act seamen — if you’re unsure whether your situation qualifies, read our full guide to seaman status and the 30% rule before continuing.
What to Do Immediately After a Jones Act Injury
When an injury strikes in the maritime industry, swift and deliberate actions are key to protect your rights as a Jones Act seaman:
- Reporting the Injury: The immediate reporting of your injury to your employer is not just a formality; it’s a fundamental step in securing your rights. Failing to report the injury promptly may put your claim in jeopardy.
- Seeking Medical Attention: Your health and well-being should always be the top priority. Seeking immediate medical attention after an injury not only helps you recover but also bolsters your case. It creates a medical record that can link the injury directly to your work, establishing a crucial connection when seeking compensation. Delaying medical care can raise doubts about the severity or cause of your injuries.
- Documenting the Incident: Thoroughly documenting the incident is your lifeline in protecting your Jones Act seaman rights. Take detailed notes about the incident, the injuries you sustained, and any unsafe conditions that may have contributed to the accident. If possible, use your smartphone or camera to capture photographic evidence. This documentation will serve as critical evidence should you need to pursue legal action.
By taking these immediate actions, you not only prioritize your well-being but also lay a strong foundation for securing the rights and protections the Jones Act affords to injured seamen.
Your Four Fundamental Jones Act Rights After an Injury
The Jones Act offers several very important rights to injured seamen, including:
Right 1 — Immediate Medical Care and Your Choice of Doctor
Jones Act seamen have a vital right to immediate medical treatment and the freedom to select their preferred healthcare provider:
- Immediate Medical Treatment: When an injury occurs on the job, Jones Act seamen have the right to receive prompt medical care. This right ensures that your health and well-being take precedence.
- Your Choice of Doctor: You have the freedom to choose your own doctor for medical treatment. Unlike some arrangements where companies may designate a specific healthcare provider, the Jones Act recognizes your right to select a trusted physician who can best address your specific medical needs.
These rights are unconditional, no matter who may be at fault for the injury.
Right 2 — Maintenance and Cure: Daily Benefits Regardless of Fault
Injured seamen are entitled to maintenance and cure benefits:
- Maintenance: Maintenance covers daily living expenses while recovering, such as food, lodging, and other necessities.
- Cure Benefits: Cure benefits include all necessary medical expenses, ensuring that seamen receive proper care during their recovery.
- Employer Obligations and Penalties: Maintenance and cure are owed from the moment of injury until you reach maximum medical improvement (MMI) — regardless of fault. Employers who refuse, reduce, or unreasonably delay these payments can be liable for punitive damages and attorney’s fees in addition to the unpaid benefits.
If your employer has stopped or disputed your maintenance and cure payments, read our guide on what to do when maintenance and cure ends too soon.
Has your employer refused or delayed your maintenance and cure payments?
Right 4 — The Right to Sue for Negligence: The Featherweight Standard
Unlike workers in various industries covered by workers’ compensation insurance, seamen have the right to file personal injury claims under the Jones Act.
Here’s what you need to know:
- Defining Negligence: Negligence under the Jones Act encompasses actions contrary to prudence, omissions, and a lack of care, provided they contribute to an injury.
- Employer Responsibility: Maritime employers in the U.S. are obligated to ensure a safe working environment for seamen, irrespective of whether the vessel is at sea or docked.
- The Featherweight Standard: Under the Jones Act, the causation threshold for negligence is remarkably low. The employer’s negligence need only play the slightest part in causing the injury — a standard established in Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500 (1957) and applied to Jones Act cases. This “featherweight” standard means even partial employer fault is sufficient to support a full negligence claim.
- Elements of Negligence: Negligence claims may arise from continuous overtime work, inadequate orders, insufficient supervision, lack of proper medical assistance, inadequate training, unsafe working conditions, equipment unfit for use or inadequate rescue efforts, among other things.
Negligence claims are a fundamental aspect of seamen’s rights under the Jones Act, allowing them to seek compensation when injuries occur due to their employer’s actions or inactions.
The Right to an Attorney — and Why It Matters in Maritime Cases
The Jones Act gives seamen the right to hire an attorney to protect their interests, and it is essential that injured workers consult an experienced maritime lawyer after an injury. Maritime law is complex, and having a knowledgeable advocate is invaluable. When selecting an attorney, consider their track record in handling Jones Act cases, their experience, and their reputation within the field.
The Three-Year Deadline: Don’t Wait to File a Jones Act Claim
In Jones Act cases, there is generally a three-year time limit for filing claims. This means you have a three-year window from the date of the injury to take legal action to protect your rights and seek compensation.
Acting promptly within this timeframe is essential to ensure your rights remain preserved. Consulting with an attorney as soon as possible after an injury is the key to making the most of this opportunity for justice.
Injured Offshore? Talk to an LKSA Maritime Attorney
Injured Jones Act seamen are not alone in their journey toward justice. If you were injured while working aboard a vessel, the Jones Act gives you the right to seek full compensation for the damages caused by your injuries — including current and future medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and other non-pecuniary damages.
Paul Sterbcow served as Co-Lead Trial Counsel in the Deepwater Horizon liability trial, resulting in a $14,421,477 settlement for four injured rig workers in the Eastern District of Louisiana. Ian Taylor was appointed to the Executive Committee in the SEACOR Power litigation. When you call LKSA, you are calling the attorneys other lawyers trust with their most complex maritime cases.
For a free consultation and to learn more about your legal options, don’t hesitate to contact us. Your rights matter, and we are here to support you every step of the way.
