As a seaman, you already know that maritime work can be dangerous and unpredictable. You also understand that boat owners don’t always take care of injured workers. That’s why it’s important to know the Jones Act rights for seamen, which give offshore workers some of the strongest protections in the country when an injury happens.
The good news is – if you get injured and the boat owner considers you “damaged goods,” you have options. Offshore workers have more rights and protections than any other workers in the United States. Under the Jones Act, you are entitled to a variety of benefits.
George Vourvoulias at the Louisiana-based Maritime Injury Law Firm has 20 years of experience fighting for the rights of offshore workers, and he has a deep understanding of the Jones Act and the challenges you’re facing. Here are 5 facts about the Jones Act that every seaman should know.
1. The Jones Act provides maintenance and cure benefits for injured seamen
The Jones Act was passed in 1915 in an effort to protect the rights of crewmen injured or taken ill in the course of their employment.
Under the Jones Act, injured offshore employees have the right to:
- A safe place to work
- The ability to pick your own doctor after an illness or injury
- Compensatory damages after a work-related injury
Maintenance and cure are two categories of benefits that injured seamen are entitled to under the Jones Act.
Maintenance benefits for injured seamen
Maintenance benefits are those that cover your cost of living as an injured seaman, and they are typically paid directly to the injured worker on a weekly or bi-weekly basis.
These benefits include:
- Mortgage or rent
- Utility bills
- Food
- Property taxes
- Insurance
- And more
However, it’s important to note that maintenance benefits only include basic living expenses. Therefore, your cell phone bill, cable bill, streaming service bills, and others are not included.
Cure benefits for injured seamen
The Jones Act also covers cure benefits, which are the cost of medical care and treatment. In addition to medical bills themselves, these benefits can also cover transportation to and from medical appointments.
Alternatively to maintenance benefits, cure benefits are typically paid directly to your doctor.
2. Injured seamen do not need to prove employer negligence to receive maintenance and cure benefits under the Jones Act
One of the reasons that the Jones Act is so protective is the low burden of proof. Maritime jobs are so dangerous that injured workers can receive maintenance and cure benefits regardless of where the fault lies for their injuries.
Therefore, though proof of employer negligence can help your case, you do not need to prove that it led to your injuries to collect benefits.
The Jones Act follows a comparative negligence policy, which means you can prove one party is more at fault than the other in your accident and for your resulting injuries.
For example, if the court finds you 20% to blame for your injury, then your payout will be reduced by 20%.
However, skilled law firms like the Maritime Injury Law Firm know how to fight against this and ensure you receive your rightful compensation.
3. The Jones Act protects seamen
The Jones Act protects seamen, who are defined under the law as “workers who spend a significant amount of time working as a crewmember or a captain on a ship or boat in navigation.”
The phrase “in navigation” is a crucial part of the definition. Since the law was passed over 100 years ago, courts have refined this definition.
The term “in navigation” in the law means that for an injured seaman to be considered eligible for Jones Act benefits, the vessel on which they were injured must have been:
- Afloat,
- In operation,
- Capable of moving, and
- On navigable waters
4. Damages Available Under Jones Act Rights for Seamen
In addition to maintenance and cure, injured seamen may be able to collect other benefits under the Jones Act – especially if they can prove employer negligence led to their accident and injuries.
Some additional benefits injured seamen can sue for include:
- Past and future medical expenses
- Past and future lost wages
- Loss of earning ability
- Pain and suffering
- Mental anguish, embarrassment, and humiliation
- The inability to engage in recreational activities you previously enjoyed
5. ‘Blacklisting’ is illegal in Louisiana
As you read about the Jones Act, you may find yourself wondering: Can I be blacklisted for filing a Jones Act claim or offshore injury claim?
You should know that blacklisting is illegal in Louisiana. Employers may not let other employers know that you exercised your right to protect your health and file a claim, nor can they target you while you are still on the job.
The law is on your side, so don’t be afraid to take control of your life and win the compensation you’re owed.
Contact our dedicated Jones Act attorney at the Maritime Injury Law Firm today
If you were injured on the job as a maritime worker, it might feel like you have nowhere to turn. However, that is far from the case. The Maritime Injury Law Firm is a Louisiana-based practice dedicated to supporting injured seamen across the Gulf Coast and beyond. These protections are strengthened by the Jones Act rights for seamen, which play an important role in your path forward.
Don’t let your injury be your “one-way ticket home.” Contact us today to schedule your initial consultation and level the playing field.
FAQs About the Jones Act for Injured Seamen
What rights do seamen have under the Jones Act if they get injured?
Under the Jones Act, injured seamen have the right to seek compensation if their employer’s negligence contributed to the injury. This can include maintenance and cure benefits, medical expenses, lost wages, and damages for pain and suffering.
Do I have to prove my employer was negligent to receive Jones Act benefits?
No. Injured seamen can receive maintenance and cure benefits even if negligence is not proven. However, proving employer negligence may allow you to recover additional compensation, such as lost earning capacity and pain and suffering.
What is maintenance and cure under the Jones Act?
Maintenance and cure are benefits provided to injured seamen while they recover. Maintenance covers basic living expenses like housing and food, while cure covers medical treatment and related healthcare costs.
Who qualifies as a seaman under the Jones Act?
A worker usually qualifies as a seaman if they spend at least 30 percent of their working time aboard a vessel in navigation and contribute to the vessel’s mission or operations.
Can a seaman still recover compensation if they were partly at fault for their injury?
Yes. The Jones Act follows a comparative negligence rule. This means an injured seaman can still recover damages even if they were partially responsible, although the total compensation may be reduced by their percentage of fault.
Can a company fire or blacklist a worker for filing a Jones Act claim?
No. Employers are not allowed to retaliate against maritime workers for exercising their legal rights. Blacklisting or punishing a worker for filing a legitimate injury claim is illegal.
