Who brings an action under the Jones Act?
The worker must bring the claim. The only exception to this rule is if the worker is a minor or is incompetent and a guardian must be appointed by the court to bring the lawsuit. If a worker is killed, the action under the Jones Act must be brought by the worker’s “personal” representative. This usually means the administrator of the worker’s estate. In the event of the unfortunate death of a worker, it is extremely important that the widow or widower and family seek competent legal advice in this area as soon as possible. As a worker it is wise to advise your family who to contact in the event you are a victim of a serious accident.