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How the Jones Act relates to Maritime Worker Injury Claims | Attorney Javier Marcos

Worker injury | Attorney Javier Marcos | 713.999.4444

The Jones Act is one of the most important laws regarding a maritime worker injury. Also known as the Merchant Marine Act of 1920, the law has been designed to offer support to seamen who have been injured or suffered an illness while on the job.

In this article, we will take an in-depth look at the Jones Act and the qualifications for filing a claim under this law.

The Jones Act: Who is Covered?

The Jones Act lays the legal framework for the protection of men and women who work most of the time aboard a maritime vessel.  It plays an important part in the protection of the rights of maritime workers since they are not covered under the merchant marine law.

Generally, anyone who works in any capacity aboard a marine vessel and gets injured while on navigable is covered under the Jones Act. These include:

·        Sailors

·        Divers

·        Deckhands

·        Drillers

·        Mechanics

·        Cooks

·        Captains

·        Mates

·        Stewards

·        Fishermen

Navigable water includes any river, sea, or ocean that is navigable by a ship. This leaves some of the workers out of the Act. For example, suppose someone gets injured while working on board a vessel that was on land being repaired or built. The person does not qualify as a seaman according to the Act.

In order to qualify for the legal provisions of the Jones Act regarding the worker’s compensation, a person must spend at least 30 percent of the time on navigable waters. Individuals who do not qualify as seamen under the Jones Act will be covered under the federal Longshore and Harbor Workers’ Compensation Act.

What are the Legal Protection Afforded by the Jones Act

The Act puts the responsibility of the worker’s safety on the employer, which typically includes the shipping company. Even if the injury to a worker has been caused by the negligent behavior of the captain or another employee, the shipping company will be held responsible and must compensate the victim.

Unsafe conditions that may result in a worker injury liability include the following:

·        Equipment that has not been maintained properly

·        Lack of training to the maritime workers

·        Dangerous conditions on deck such as slippery surface

·        No provision of first aid or safety equipment to the workers

·        Negligent behavior by an employee

Why Consult a Maritime Personal Injury?

Contacting a maritime personal injury attorney can greatly increase the odds of a successful case. The person must have to show evidence that the injury occurred due to negligence or dangerous condition on board the ship. An attorney can offer expert counsel on how to collect the evidence and present in the court that results in a successful outcome of the personal injury claim case.

Worker Injury | Attorney Javier Marcos

Consider hiring a maritime personal injury lawyer by calling Attorney Javier Marcos. The experienced legal experts can help you file a successful claim in a worker injury case. You can contact us by dialing 713-999-4444 / 1(800) 444-8118. Whatever the personal injury case, we can make sure that you get the legal aid you deserve.




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