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What is the Jones Act?
The Jones Act provides a remedy for maritime workers, which include barge workers, sailors, fishers, ferry workers, divers, and all others injured on the job while in service to a vessel on navigable waters. In order to recover, the seaman must prove the injury was caused by either (1) negligence of their employer or fellow crew or (2) the vessel had unseaworthy (unsafe) conditions.
Unlike worker’s compensation cases, under the Jones Act, an injured seaman has the right to bring a lawsuit in a regular civil court, with the right to recover the full measure of the seaman’s damages. In other words, if the maritime worker can prove negligence, he or she can recover pain and suffering, disability, disfigurement, their full wage loss and benefits, and their future wage loss or impairment of earning capacity.
As a result, Jones Act cases tend to be worth more than worker’s compensation cases. The barge companies know this and hire experts early on to try and minimize the value of their employees’ cases. You need to KNOW YOUR RIGHTS. Contact an attorney at Faerber & Anderson, P.C. as soon as possible for a free and CONFIDENTIAL consultation.