Jones Act Maritime Law Attorney

Assisting Injured Seamen Through the Maritime Injury Claims Process to Help Them Recover Compensation

Are you a maritime worker who’s been injured while working on the high seas in California? You may qualify to seek compensation for medical expenses, emotional distress, lost wages, and more. The Jones Act covers workers who work on the waters of California and Hawaii by providing federal protection to help them hold negligent maritime employers responsible for their accident injuries.

To hold the other party accountable for their negligence, you must prove fault in your maritime injury claim. This can be a difficult task, especially without professional legal representation. Our San Diego-based law firm is well-versed in the applicable laws for injured seamen seeking justice and financial recovery after a workplace accident.

Maritime Accident Lawyer Preston Easley is a Graduate of the U. S. Naval Academy in Annapolis, Maryland.

You Can Rely on Mr. Easley’s Legal Experience in Maritime Law to Protect Your Rights. Contact Him Today for a Free Consultation About Your Jones Act Long Beach Case.

How Does Federal Law Protect Maritime Workers?

The Jones-Shafroth Act (more commonly known simply as “The Jones Act”) falls under Section 27 of the Merchant Marine Act of 1920 (46 U.S.C. 883; 19 CFR 4.80 and 4.80b).  The Jones Act was signed into law on March 2, 1917, by President Woodrow Wilson.  The Merchant Marine Act of 1920 (P.L. 66-261) is a United States Federal statute regulating maritime commerce in U.S. waters and between U.S. ports and providing for substantial seamen rights.

The Merchant Marine Act of 1920 has been revised a number of times, and amendments to the Jones Act, known as the Cargo Preference Act (P.L. 83-644), provide permanent legislation for the transportation of waterborne cargoes in U.S.-flag vessels.

The Jones Act establishes several important purposes, including:

• Cargo moving between U.S. ports must be carried in a vessel that was built in the United States and is at least 75% owned by American citizens or corporations
• Requires that workers and crew members on vessels covered under the Jones Act be American citizens or legal aliens
• Regulates seamen’s health, accident, and disability benefits

What Types of Claims Are Made Under the Jones Act?

An Act is a type of law that contains rules and regulations that relate to specific situations and circumstances.  The Jones Act gives seamen the right to seek compensation for serious injuries sustained due to the negligence of co-workers or an employer while the seaman was working as an employee on a vessel.

Under this law, injured workers may be able to sue an employer even when the duties of the job being performed are known to be dangerous.  For example, commercial fishing has been ranked as the single most dangerous profession in the United States more often than any other profession.  Working on a commercial fishing boat clearly presents a high risk of danger.  However, if the seaman’s employer commits even a small breach of duty that creates or leads to conditions that cause an injury, the employer may be held liable for accidents, even in high-risk jobs.

In addition to compensation for injuries that are caused by negligence, under this Act, an injured seaman may also make a claim against the vessel’s owner on the basis that the vessel was not seaworthy. An employer may also be liable for failing to provide a seaman with adequate medical care.

Under the Act, injured seamen can seek to recover damages for lost wages since the accident as well as future economic and non-economic losses.

Our Bay Area law office represents injured seamen in the following types of Jones Act claims: 

• Dredging Accidents and Injuries
• Offshore Oil and Gas Worker Accidents
• Ferry Accidents
• Filing a Jones Act Seaman Lawsuit Against Negligent Employers
• Maintenance and Cure
• Unseaworthiness Claims
• Negligence Claims Under the Jones Act
• Pile Driver Accidents and Injuries
• Seamen’s Right to Sue
• Statute of Limitations on Maritime Claims
• The Public Vessels Act
• Injuries Involving the Navy

Who Does the Jones Act Cover?

Only a “seaman” can recover under the Jones Act.  In Chandris, Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995), the United States Supreme Court set standards for determining the status of any employee as a “Jones Act seaman.”

To be considered a “seaman” for purposes of filing a claim under the Jones Act, you must meet the following criteria:

• A worker must spend 30% or more of his/her time in the service of a vessel on navigable waters
• You must be a member of the crew of a vessel
• You may also be someone assigned to a fleet of vessels by the employer

Examples of eligible injured workers may include the following: 

• Barge workers
• Captains navigating California waters
• Commercial divers
• Commercial fishermen on fishing boats off the coast of California
• Deckhands
• Marine construction workers
• Maritime food service workers and vessel cooks
• Maritime workers on cargo ships
• Oil rig workers off the California coast
• The crew of ferries
• Tour boat workers
• Tugboat operators
• Workers on cruise ships

To ensure that the Jones Act applies to you or find out if any state law may apply to your case, please reach out to a Jones Act lawyer at our law firm.

Eligible seaman may bring legal action in a U.S. federal court or in a state court.  The seaman/Plaintiff is entitled to a jury trial, a right which is not afforded in maritime law absent a statute authorizing it.

The above guidelines may seem clear, but establishing seaman status in lawsuits is not always so simple.  The circumstances of each case and situation must be carefully evaluated by an experienced maritime law attorney with years of experience in maritime cases.

Is a Jones Act Claim the Same Thing as a California Workers’ Compensation Claim?

All California workers are guaranteed certain protections for compensation if they are injured on the job. California employers are required to provide their employees with compensation insurance coverage if they are hurt while performing normal work duties. With limited exceptions, injured workers are guaranteed a portion of lost wages, future medical expenses, disability, and other benefits.

There are some differences between California workers’ compensation claims and Jones Act claims. Unlike typical workers comp, the Jones Act does require you to prove some level of fault or negligence. Those hoping to recover compensation after a workplace accident aboard a water vessel must show that their injuries occurred because of the negligence of their employer, another seaman, or some other party. Note, however, that injured seamen with a Jones Act claim are not restricted to the same sort of damages available under California workers’ compensation.

Contact our California law firm to speak with the attorney in a free case review.

What Are Examples of Maritime Employment Accidents in CA?

Common incidents that may fall under the Jones Act include the following:

• Accidents involving cranes or other heavy machinery
• Electrocution
• Explosions
• Exposure to toxic substances and hazardous chemicals
• Fire and smoke inhalation incidents
• Malfunctions involving various pieces of equipment, including winches, hoists, and other maritime equipment
• Near drowning incidents
• Personal injury accidents on decks due to dangerous or defective conditions
• Slip and fall accidents on wet or uneven surfaces

To file a successful Jones Act claim, the injured party and their legal counsel must establish negligence. This may include proving that your maritime employer failed to provide a safe working environment, did not properly maintain maritime equipment, failed in training or hiring practices, or did not provide the necessary safety gear to employees.

What Are Common Injuries Suffered by Seamen and Other Maritime Workers?

Working on the ocean is a dangerous Calling, whatever your profession may be. There is no shortage of ways for someone to get injured while working on the high seas.

Common maritime accident injuries include the following:

• Crushing injuries and degloving injuries
• Deep cuts, lacerations, and heavy bruising
• Electrocution
• Fatal injuries
• Head trauma injuries caused by falling objects
• Illness caused by chemical exposure
• Loss of limbs or loss of fingers
• Muscle strains and muscle tears
• Neck and back injuries
• Oxygen deprivation
• Spinal cord injuries
• Traumatic brain injuries

How Can a California Jones Act Attorney Help You Seek Fair Compensation?

Under federal maritime law, injured seamen have several methods for recovering financial compensation after a maritime accident. An experienced Jones Act attorney can lend valuable legal assistance in the pursuit of justice and a fair settlement.

Potential economic and non-economic damages recoverable in Jones Act cases include the following:

• Disability, disfigurement, and dismemberment
• Funeral, burial, and memorial costs
• Long-term living expenses
• Loss of companionship or consortium
• Lost quality of life
• Lost wages and lost future earning capacity if the worker is unable to return to their place of employment
• Medical equipment and home modifications to adapt to a new disability
• Mental anguish and emotional distress damages
• Past medical bills and future medical expenses for all necessary medical treatment, including surgeries, physical therapy, and prescription medications
• Physical pain and suffering compensation
• Vocational retraining expenses

If you’ve been injured on a cruise ship, barge, commercial fishing vessel, tugboat, tour boat, ferry, construction platform, or diving platform, you may potentially be eligible for financial compensation.

Schedule Your Free Initial Consultation to Discuss Your Jones Act Case with Our Law Firm

Because maritime laws are subject to change and/or clarification through amendments, and how existing laws are interpreted and applied can be altered by new published decisions that become case law, you must hire an attorney specializing in maritime law.  The Law Firm of Preston Easley devotes its entire practice to maritime law.

California and Hawaii Maritime injury and accident attorney Preston Easley is an experienced and aggressive plaintiff’s trial lawyer and appellate lawyer.  At the appellate level, Preston Easley has been a pioneer in expanding the rights of injured maritime workers, frequently reversing lower court decisions and making new laws.  His extensive legal experience includes several landmark decisions under The Jones Act on behalf of his clients.

There is a strict statute of limitations on filing maritime and admiralty claims, so it is important that you take the first step toward helping yourself. Call or email our law firm today for a free initial consultation.

You may reach us at 310-773-5207.