What is the Jones Act?
The Jones Act is a federal statute enacted in 1920 which established a negligence remedy against a seaman’s employer for the injury or death of a seaman. The Jones Act specifically incorporates the rights and remedies extended to railroad workers by the Federal Employees Liability Act (“FELA”). Thus the Jones Act and the FELA are two of the very few circumstances in which an employee can sue his employer for the negligence of the employer or the employee’s co-workers, and not be limited to inadequate workers compensation laws.
The Jones Act is a federal law which allows a worker to sue his employer for negligence. For instance, under the Jones Act, an employer has a duty to provide its employees with a safe place to work. So, if a worker is injured, because his employer failed to furnish a safe work place, the worker may be able to recover such damages as described below. Typically, the injured oilfield worker has at least two other claims which he can make with his Jones Act claim; namely, that his injury was caused by the unseaworthiness of the drilling rig on which he was working at the time of his injury, and, further, that he is entitled to maintenance and cure.
The Jones Act is a federal maritime law that provides benefits to workers who are injured on sea going vessels on navigable waters and offshore oil rigs which can be towed and are not permanently affixed to the ocean floor. Whether you are a seaman, an officer, a harbor pilot, an oil worker, a technician, a helicopter pilot, work on a tugboat, barge, ship, supply boat, semi-submersible drilling rig, jack-up drilling rig or if you become injured on or near the water, you should talk to a lawyer before making a claim or as soon as possible thereafter. Benefits include maintenance and cure. Maintenance is daily pay to workers who are unable to work pursuant to doctor’s orders. Cure includes medical care, doctors, hospitals and prescriptions drugs.
The Jones Act is a federal maritime law that serves to provide benefits for employees who are injured on seagoing vessels while in navigable waters, as well as employees on oceangoing oil rigs that are mobile and not permanently fixed. In effect, the Jones Act is a type of workers’ compensation insurance specifically for merchant mariners, harbor pilots, oil rig employees, and other employees who make their living at sea. Benefits of the Jones Act include what are known as “maintenance” and “cure.” Maintenance is a daily pay stipend for workers who are unable to work, while cure entails medical care, including access to doctors, hospitals, and prescriptions drugs. Admiralty attorney Scott Nelson can help Brownsville, Corpus Christi, Galveston, and other South Texas residents who have been injured at sea file a Jones Act claim so they can receive the compensation they deserve.
