The Merchant Marine Act (also called the Federal Jones Act) provides seamen with the same protection from employer negligence as FELA provides railroad workers. In other words, if a sailor is injured while on a ship because of negligence, he can sue his employers, fellow crew members, or the captain for damages. It is the same thing as FELA, but translated to the waters.
Contact us. A local jones act attorney can help with your case related to the Federal Jones Act today.
When a seaman sustains a serious injury, there are three legal remedies:
- Right to “maintenance and cure” – Entitles the employee to living expenses until fully recovered, along with medical expenses
- Jones Act – If the ship owner is not guilty of negligence in relation to the seaman’s injury, then it has no liability.
- Unseaworthiness – When a ship or any of its parts is defective and causes an injury, then the seaman has a right to sue the ship owner.
Although Federal Jones Act protects seamen and their rights, it is not the same as worker’s compensation. There is a need to prove that negligence was present and responsible for an injury. Once this has been established, then the sailor can be entitled to damages for any lost wages, medical expenses, as well as pain and suffering.
While the Federal Jones Act allows employees to receive compensation for someone else’s negligence, it can still be quite complex to file a claim under this statute. Employers will usually try to free themselves from any type of liability. This is why an experienced attorney is necessary. With legal counsel, the right measures can be taken to ensure that your pain, suffering, and injuries aren’t ignored.
Contact us. A local jones act attorney can help with your case related to the Federal Jones Act today.
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