Injured at Sea: Understanding Your Rights as a Seaman
A seaman is a person who is employed at sea, such as commercial fishermen, mariners, and divers, as well as paid yacht crews. If they are injured while working on or for their vessel or ship, their rights are covered differently from those of workers who are injured shoreside. Seaman injured at sea are covered by the Jones Act, provided that:
* The seaman has an assignment on a vessel or a fleet of vessels owned by the same
person or persons. A seaman who works on a number of boats owned by different
people may not qualify.
* The vessel is on the water, not tied to a dock. For instance, a casino boat or
a barge that is moored permanently would not qualify. The vessel may be on a
river or inland waterway as well as the ocean.
* The seaman spends at least 30 percent of the time working on the vessel.
The worker does not have to navigate or operate the vessel in order to qualify as a seaman. He or she may be employed on the vessel as a cook, card dealer, entertainer, or other occupation and be covered under the Jones Act.
According to the Jones Act, any seaman who qualifies with the above criteria and is injured has the right to “maintain an action for damages at law, with the right of trial by jury.” The seaman, which designates both men and women, does not actually have to receive the injury at sea; he or she only has to qualify with the Jones Act criteria. Therefore, the seaman could be injured at shore and still qualify.
An injured seaman under the Jones Act has the right to have all medical bills paid for by the employer or vessel’s owner. That includes hospital time, all doctor bills, physical therapy, medicines, and X-rays. The seaman may also sue for “pain and suffering” if negligence on the part of the employer or owner can be demonstrated as contributing to the injury. The employer is also liable for maintenance, a daily amount for room and board, which has usually been judged as the amount the seaman would receive were he or she on the vessel. In addition, the injured seaman can collect wages that would have been earned had the injury not occurred. For instance, if a seaman was hired for a specified amount of time and the injury occurred before the time limit, the employer must pay wages for the entire specified time.
If a case cannot be settled, the seaman has the right to a jury trial. A claim under the Jones Act must be brought within three years of the injury.
If you have suffered a personal injury and you qualify under the Jones Act, contact a maritime lawyer in your area who will explain your rights in a free case evaluation. The Jones Act is there to protect and bring compensation to those injured at sea. Discuss your rights with a qualified attorney who is skilled in maritime law.
Peter Wendt is a writer and researcher from the Lone Star State. Before becoming a freelancer, Wendt worked on an oil rig until he suffered an accident at sea. If you’ve suffered a similar injury, Wendt encourages you to visit http://www.jonesactlawyers.pro/ for more information about your rights as an injured seaman.