West Palm Beach Jones Act Protection and Maritime Lawyers

The Jones Act offers recourse to seaman injured by the negligent acts of an employer or coworkers during the course of employment on a vessel. Claims filed under the Jones Act may, in some cases, also raise questions about a vessel's unseaworthiness at the time of the offense. In the case of the death of a seaman, the filing of a wrongful death claim may be made and can be based on the Jones Act, on general maritime law, or on a separate federal statute, the Death on the High Seas Act.

The Jones Act offers protection to seamen while employed on vessels, extending the provisions of the Federal Employers' Liability Act (FELA). FELA is a more general statute, providing remedies for injured workers; the Jones Act offers similar remedies to seamen. As a result of this legislation, when an employer or coworker causes injury through negligence, the injured seaman can recover damages from the employer. The Jones Act is specific to seamen, defined as persons with an employment-based connection to a vessel in navigation, and who contribute to the function and mission of the vessel. In some cases, persons who are covered under the Longshore and Harbor Workers' Compensation Act may also be treated as Jones Act seaman. The counsel of an experienced attorney can help determine whether either of these laws apply to a given situation or person.

Seamen may fall under the protection of the Jones Act even if they are not working on a vessel. Even if the injury occures while working temporarily elsewhere, the Act may still apply - usually if temporary assignment is "in the service of the ship."

The failure of an employer to provide a safe place to work can give rise to a Jones Act claim, whether the unsafe place is the vessel itself or another place under the employer's control. In the case that the injury in question is caused by an unsafe condition on the vessel, an unseaworthiness claim may also be indicated. Failing to provide adequate medical care is another way in which an employer can held liable.

In addition to liability for his/her own acts, under the Jones Act, an employer can be held liable for the negligence of other employees and even independent contractors - all those workers for whom the employer is responsible.

The Jones Act specifies a higher duty of care by employer for employee than an ordinary negligence case. The employer may be liable for breach of that duty, no matter how small, if it contributed in any way to causing the seaman's injury. The seaman's partial responsibility for his own injury may reduce, but not eliminate, the employer's liability. This remains true even if the seaman assumed the risk of injury with full awareness, intentionally proceeding with a dangerous activity. None of this will not reduce the amount of compensation under the Act.

Generally, a Jones Act claim must be brought within three years of the injury. The claim may be filed as an admiralty claim in either federal or state court, or as a "law" claim in federal court. The decsion of where and how to file should be made with an experienced attorney, as this choice can affect the amount of the recovery.

The Longshore and Harbor Workers' Compensation Act

The Longshore and Harbor Workers' Compensation Act is a comprehensive approach to workers' compensation for maritime workers injured on navigable waters. The Jones Act, which protects seamen, and state workers' compensation, which covers injuries occurring within a particular state, but not usually on navigable water, leave a gap in their coverage; the Longshore and Harbor Workers' Compensation Act fills this gap. Administered by the Federal Department of Labor, the compensation system qualifies injured workers for disability benefits. Under the Longshore and Harbor Workers' Compensation Act, the right to benefits is not dependent on finding that the employer was at fault for the worker's injuries.

Who is covered?

The Longshore and Harbor Workers' Compensation Act provides coverage for injuries occurring during maritime employment on navigable waters of the United States. Included as maritime employment are loading/unloading vessels, repairing vessels, and building a vessel. Navigable waters refers to some places beyond where a boat could float - navigable water can include places on land that adjoin water. A worker who is injured on a pier, wharf, dry dock, or terminal can be eligible for compensation under the Act. Also included as navigable waters may be areas near a pier or wharf, such as areas for loading, unloading, repairing, or building vessels.

The Longshore and Harbor Workers' Compensation Act provides medical, disability, and rehabilitation services benefits. Medical services must relate to injury or illness sustained on the job. Occupational disease which "arises naturally" from the normal course of marine employment is also included, e.g. a welder whose handling of asbestos while working in a shipyard leads to chronic illness. The Act also provides wrongful death benefits to survivors of a worker who is killed on the job.

Rules for claiming the benefits

An employee who is injured on the job has only 30 days to give notice of the injury to the employer. Notice must also be provided when and if the employee develops a disabling work-related condition or illness. A formal claim for benefits under the Longshore and Harbor Workers' Compensation Act must be filed with the Department of Labor within one year from the date of injury. Any employer named in such a claim may dispute the claim or begin voluntary payment within fourteen days of the accident. If an employer disputes the claim, a conciliation procedure is followed. This procedure is designed to help the parties come to agreement about how be best resolve the dispute. If this procedure fails to result in resolution of the problem, an administrative law judge (ALJ) working for the Department will conduct a hearing and render a decision.

The Longshore and Harbor Workers' Compensation Act also allows an injured worker to file suit against persons or entities other than an employer or a co-worker, if the injured worker believes that person bears responsibility for the injury. For example, a worker may claim negligence against a vessel and its owner.

If you or a loved one is in need of legal assistance, call The Law Offices of Casey D. Shomo at (561-659-6366) or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.