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Jones Act Injury Questions

What is "The Jones Act?"

The Jones Act was an important piece of United States legislation passed in 1920. It supported the American Merchant Marine, while also providing additional protections for sailors and ship's crew. Several clauses in the Jones Act set a precedent, since they went above and beyond similar protective clauses under international maritime law. The Jones Act and the benefits it provides are extremely complex, and mariners who are eligible for claims under the Jones Act should always consult an attorney who is familiar with the Jones Act.

The Jones Act is officially titled the Merchant Marine Act of 1920, although it came to be known as the Jones Act after Senator Wesley Jones, who sponsored it. The act was passed in response to concerns about the health of the Merchant Marine, and to establish protections for sailors. Prior to passage of the Jones Act, sailors who were injured on the job had few options for recovering damages or getting assistance; recognizing the inherent danger of working at sea and the value of trained seamen, the Jones Act established a system of benefits for sailors.

Two parts of the Jones Act are of particular historical importance. The first heavily promoted American built, owned, and staffed ships. This was accomplished by restricting shipping and passenger trade within the United States to American owned or American flagged ships, and stipulated that 75% of a ship's crew must consist of American citizens. In addition, the use of foreign parts and labor in ship construction and repair was also heavily restricted. This section of the Jones Act was intended to create a strong, well staffed Merchant Marine which could ably serve the United States during both peace and war.

The second important section of the Jones Act created benefits for sailors which are extremely far reaching. Any sailor who is injured at sea is entitled to maintenance and cure, meaning that the sailor's employer must pay him or her a daily stipend and provide medical care to treat the injury. In addition, sailors can also sue for damages if their injuries were caused by negligence on the part of the ship's owners or other crew members, or if they sailed on unseaworthy vessels. These damages include death benefits, in the event that a sailor is killed on the job.

Anyone who spends at least 30% of his or her time in active service on a Merchant Marine vessel can qualify for Jones Act benefits. This includes all staff on board ship, from the Captain on down. The benefits provided by the Jones Act can be significantly higher than benefits for workers on land, if a skilled attorney is involved.

Who is covered Under The Jones Act?

The Jones Act is a federal law that regulates United States shipping. Certain provisions of the Jones Act provide protection to workers who are injured during the course and scope of their employment. The Jones Act refers to workers as "seamen" and employers as "ship owners." However, courts have expanded the definition of seamen and ship owners to include many occupations and places of work that do not fall within the customary terms of "seaman" and "ship owner."

Examples of maritime injury ocupations would include

Offshore Oil Workers
Drill Ships Barges
Casino Boats
Passenger Ships
Freighters
Container Ships
Crew Boats
Fishing Boats
Supply Boats
Tugs Boats
Tow Boats Special
Purpose Vessels
Maritime injury setlements can be substantial and strict time limits apply.

You may have a claim under the Jones Act-Its important that you contact a maritime injury lawyer now. If you would like assistance in choosing the attorney that's right for you please submit the following form and we will email you the information you need to make the right decision.

Ship At Sunset Photograph

What does a Maritime Injury Attorney charge?

Jones Act injury attorneys operate on a contingency basis,meaning they work for a portion of your settlement. If the settlement is large,they stand to make some serious money.If there is no settlement then you owe them nothing.Typically your meeting with a maritime attorney, be it by person or phone, is free. In this initial consultation the attorney will ask you questions as well as answer any questions that you have. You need to ask many questions. By the end of the consultation the attorney should be able to tell you if you have a maritime injury claim.
The standard fee seems to be 33.33% of the injury settlement amount if settled without a lawsuit & 40% if your Jones Act claim goes into a lawsuit. Like all things in life, this fee is often negotiable. Remember many attorneys often pay other attorneys 15% of the settlement amount just to get your case! Find an attorney that is going to actually handle your Jones Act case from start to finish and then negotiate.
Also remember there is a good deal of cost involved in getting you that settlement, not all of that percentage is profit and a good maritime injury attorney does earn his/her money. Finding a good attorney at 33.33% will often net you much more than retaining a poor attorney for a 15% fee. Jones Act settlements can be huge, often in the millions of dollars so you want the best possible attorney representing you. Expect to pay a higher percentage fee for smaller claims whereas you could try to negotiate a 20% fee for very large cases.

I have compiled a list of very important questions that you need to have on hand even before you speak to a Jones act attorney.You can copy these questions using your printer here or you can use our contact form and I will send you by email a complete set of questions you should have on hand when speaking to an attorney for the first time. Under each question I have included what to look for in their answers as well as red flags that tell you to just hang up!

Why should I hire an Jones Act Lawyer?

The company is already taking good care of me?

Under the Jones Act you may be entitled to a great deal more than just having your medical bills provided for and a small weekly check while injured. Sometimes much more! Jones Act cases often run into the millions. The Jones Act is "fault based", which basically means that if your injury was caused by no fault of your own, you are entitled to more money.Employers do not want you to understand this.They don't want you to seek legal advice or file a claim.Employers basically want you off their books as cheaply as possible.

You are generally entitled to the following

1. Wages lost from the time of the injury to the time of trial;

2. Wage loss in the future;

3. Medical expenses in the past and in the future; and

4. Pain, suffering, and mental anguish in the past and in the future.

Strict time limitations on filing a claim apply so it's important that you contact seasoned maritime injury attorney now! For help with this and to receive more information by email use our quick contact form.

How is The Jones Act different from Workers Compensation?

The Workers Compensation reform passed in recent years has made multi-million dollar settlements a thing of the past. Under Workers Compensation today, an injured worker receives two-thirds of his wage while recovering until he reaches maximum medical improvement. Also his medical bills are paid. Offshore Workers,Seamen and other Maritime Workers are not covered under or provided the benefits of Workers Compensation.These workers are covered under a maritime law known as "The Jones Act".

Under the Jones Act a worker receives "Maintenance & Cure". Think of 'Maintenance" as the weekly pay check a land based worker receives under Workers Compensation with one big difference. The 2/3 of normal pay that a land based worker receives is not available to a maritime worker. Not even close. In fact daily maintenance paid to a maritime worker averages just $10-$35 a day! Could you pay your bills and provide for your family on $10-$35 a day? That is all the employer is required to pay. Often times when an employee has a great Jones Act case an employer will pay that employee his regular wage or a percentage of it while he is recovering to deter him from exploring the available options and rights granted under the Jones Act.

"Cure" refers to your medical bills. Your employer is required to pay medical expenses for the injury or illness that suffered while working.

Ok, so you may be thinking, "Workers under the Jones Act are really getting screwed'!" Not necessarily. The Jones Act is a fault based system unlike Workers Compensation. If your injury is caused through no fault of your own, your settlement can be large. Much larger than anything under Workers Compensation. If someone working overhead drops something on you-If guards are left off machinery-If you slip and fall on oil that a machine is leaking, these are examples of Jones Act cases that could entitle you to a great deal of money. Jones Act cases often run into millions of dollars and every year thousands of injured workers do not pursue their opportunity the benefits that are entitled to them. The frame of mind seems to be...

"Hey, it was a stupid accident,Joe Blow forgot to cover that hatch & I don't want to get him in trouble. The company paid my medical bills & even provided a little more above the amount they were required to pay me while I was off work. Lets just sign off on this so I can go back to work."

If you have a great claim, of course they are going to take care of you. They are going to be your best friend! They don't want you to seek a lawyer. They don't want you to pursue a claim to what you are entitled to.
We look forward to any questions you may have and encourage you to use our contact form to receive an answer to your questions often in a matter of minutes.

I am about to lose my home due to this injury, is there help for that?

In some situations where allowed by law certain maritime injury lawyers will advance you money against your Jones Act claim in reasonable amounts to pay your bills and provide for your family. We talked about "Maintenance" and how it averages somewhere between $10-$35/Day. No worker that I know of can provide for his family on $10-$35/Day. When you interview a maritime injury attorney this is a very important question to ask. Most will answer with something like ,"No That would be illegal!" This may or may not be true so you need to explore further.

Where allowed by law, a small number of good Jones Act lawyers will go over your monthly expenses with you and work out a budgeted amount they provide for making house payments,paying utilities and buying groceries. Maritime injury lawyers that provide this service are rare. Even a fewer number of these Maritime lawyers will provide assistance to you Interest Free! That is pretty remarkable considering that they have to borrow that money and pay interest to the lender. Obviously you will want to ask this question of any maritime injury lawyer that you're considering. If you have questions concerning if your state allows Jones Act attorneys to provide this service for you just use our contact form and I will find out the specifics for you.

How long will it take to settle my Jones Act Claim?
Jones Act claims generally take between 90 days to 1 1/2 years to settle. After you are recovered or have reached "maximum medical improvement" the insurance company is going to delay paying you a settlement as long as possible. Why? Because insurance companies want that money to draw interest in their bank account instead of yours until the last possible moment.Good maritime accident lawyers keep a fire built under these insurance adjusters.When you have recovered or reached maximum medical improvement expect a good Jones Act Lawyer to settle your claim as quickly as possible.

Do you have any specific questions you would like to ask? Please submit your questions
using our contact form and we will get an answer for you,often in a matter of minutes. We welcome all questions.

The Workers Compensation reform passed in recent years has made multi-million dollar settlements a thing of the past. Under Workers Compensation today, an injured worker receives two-thirds of his wage while recovering until he reaches maximum medical improvement. Also his medical bills are paid. Offshore Workers,Seamen and other Maritime Workers are not covered under or provided the benefits of Workers Compensation.These workers are covered under a maritime law known as "The Jones Act".Under the Jones Act a worker receives "Maintenance & Cure". Think of 'Maintenance" as the weekly pay check a land based worker receives under Workers Compensation with . The 2/3 of normal pay that a land based worker receives is not available to a maritime worker. Not even close. In fact daily maintenance paid to a maritime worker averages just $10-$35 a day! Could you pay your bills and provide for your family on $10-$35 a day? That is all the employer is required to pay. Often times when an employee has a great Jones Act case an employer will pay that employee his regular wage or a percentage of it while he is recovering to deter him from exploring the available options and rights granted under the Jones Act."Cure" refers to your medical bills. Your employer is required to pay medical expenses for the injury or illness that suffered while working.Ok, so you may be thinking, "Workers under the Jones Act are really getting screwed'!" Not necessarily. The Jones Act is a fault based system unlike Workers Compensation. If someone working overhead drops something on you-If guards are left off machinery-If you slip and fall on oil that a machine is leaking, these are examples of Jones Act cases that could entitle you to a great deal of money. Jones Act cases often run into millions of dollars and every year thousands of injured workers do not pursue their opportunity the benefits that are entitled to them. The frame of mind seems to be... If you have a great claim, of course they are going to take care of you. They are going to be your best friend! They don't want you to seek a lawyer. They don't want you to pursue a claim to what you are entitled to.We look forward to any questions you may have and to receive an answer to your questions often in a matter of minutes.

The Jones Act- Injured Seaman- Workers Offshore