The Jones Act is a maritime law that governs injuries. It is a broad, general federal statute enacted in 1920 that governs commerce, specifically any kind of goods shipped between United States ports to be transported on ships that are built, owned, or operated by United States’ citizens or permanent residents. The Act governs maritime commerce, injuries, the way that different countries deal with each other, sailor’s rights, and ship owner’s rights to name a few. It is designed to protect the shipping industry and the people who work in the shipping industry.
If you or a loved one were injured while at sea, a Pascagoula Jones Act Lawyer could help you hold the negligent party accountable for their actions. With the help of a skilled maritime injury attorney, you may be eligible to recover compensation for your damages.
In 2005, the Supreme Court decided that in the case of Stewart vs. Dutra Construction, for Jones Act purposes, a vessel includes “every description of watercraft or other artificial contrivance used or capable of being used, as a means of transportation on water.” It was argued that because the dredge was used for digging trenches and not for transportation or commercial purposes, it did not qualify as a vessel; however, the Supreme Court disagreed.
The Court clarified the term vessel to include watercraft that is used to transport freight and cargo from place to place but did not require that the craft is used primarily for such purposes. Therefore, if a vehicle is capable of mobility on the water, even if the transportation of people, goods, equipment, etc. is not its primary function, it will qualify as a vessel. It has to be a United States-owned ship.
A knowledgeable Pascagoula Jones Act Lawyer could further explain the definition of a watercraft vessel and help individuals understand how the interpretation of the term could affect their case.
Under the Jones Act, injured seamen are able to seek all available compensation if they are injured on the job. If they have the ability to continue to work on a ship, they would get their medical bills paid for and have the right to seek a physician of their choosing to recover. Injured seamen who are unable to continue their work on a boat or a ship, are usually entitled to their regular wages.
If they are able to come back on a ship after a certain amount of time, then that compensation would probably cease, and they would enter into some settlement agreement based on what their residual damages would be. If they are permanently injured and could not go back to work, they are entitled to future lost wages and any potential future medical compensation for their injuries. It is best to speak to a skilled Pascagoula Jones Act Attorney to learn about an individuals rights under maritime injury laws.
The Jones Act governs how injured seamen are compensated. The structure of compensation is called maintenance and cure. That used to mean that ship owners would pay for daily accommodation, food, and some extra pay, but now seamen and individuals who work on ships are paid regular wages. If an individual is injured and unable to work on a ship, they are governed by the Jones Act and compensated for their daily rate. Further, the “cure” is that the shipowner is responsible for medical bills for the seaman to recover from the injuries.
A knowledgeable Pascagoula Jones Act attorney could review the claim and help injured seamen understand the types of damages they may be eligible to recover.
There is a statute of limitations under the Jones Act. The claim has to be filed within three years of the date of injury. A diligent Pascagoula Jones Act Lawyer could review the claim and ensure that all supporting documentation is filed promptly and correctly.
The Jones Act is a type of maritime law that governs a sailor’s and a ship owner’s rights. The Act is an effective mechanism to recover damages such as maintenance and cure. Individuals should not try to handle their maritime injury case on their own. Let an experienced attorney help you seek the compensation you need to move forward.
A Pascagoula Jones Act Lawyer has the skills, knowledge, experience, and tools to help your case. Call today to schedule a consultation.