The Jones Act is a strong federal law that lets injured seamen sue their employer for negligence and recover full damages, including pain and suffering, that regular workers' compensation does not pay. If you are a seaman who was hurt while working on a vessel, the Jones Act may be your most important legal tool. The maritime attorneys at Templer & Hirsch are experienced Jones Act lawyers who represent injured seamen across the country. In our experience, the real fight in most Jones Act cases is not whether you were hurt, it is whether the company treats you as a seaman at all, and settling that question early can change the entire outcome.
Who Qualifies as a Seaman Under the Jones Act?
To count as a seaman under the Jones Act, you must be assigned to a vessel or a fleet of vessels in navigation and spend a good part of your work time, generally 30% or more, aboard the vessel. Qualifying vessels include cargo ships, tankers, tugboats, barges, fishing boats, cruise ships, offshore supply boats, and other watercraft. Deciding who counts as a seaman can be tricky, and employers often fight it.
Jones Act Negligence Claims
Under the Jones Act, an injured seaman can recover money if the employer's negligence, even a small amount, played any part in the injury. That negligence can include an unsafe workplace, a vessel that was not kept seaworthy, too little crew training or staffing, or missing equipment and safety gear. The bar for proving negligence is lower than in a typical injury case, which makes the Jones Act a powerful tool for hurt seamen.
Unseaworthiness Claims
On top of a Jones Act negligence claim, an injured seaman can also bring an unseaworthiness claim against the vessel owner. A vessel is unseaworthy if the ship, its equipment, or its crew are not reasonably fit for the job. These claims do not require proof of negligence, only that the unsafe condition helped cause the injury.
Maintenance & Cure
No matter who is at fault, every injured seaman is owed maintenance, a daily living allowance, and cure, or medical care, until they reach maximum medical improvement. If an employer drags its feet on paying maintenance and cure, it can be hit with extra penalties and attorney fees. If you were hurt at sea, we demand maintenance and cure right away so the bills do not fall on you.
Why Choose Templer & Hirsch?
- Deep expertise in Jones Act negligence and unseaworthiness claims
- Immediate demand for maintenance and cure
- Lower standard of proof than typical personal injury: we use this to your advantage
- Nationwide representation of injured seamen
- No fee unless we recover compensation for you
If you or a loved one has been injured, the most important step you can take is to speak with an experienced attorney as soon as possible. Call Templer & Hirsch today for a free, confidential consultation. We are ready to help.