A Jones Act case is an injury case based on a specific part of maritime and admiralty law known as The Jones Act. These claims seek to recover compensation for the claimant’s damages following an injury accident on a boat or another qualifying offshore vessel where state laws may not apply.
This protection includes accidents that occur in the Gulf of Mexico off the coast of Alabama, Mississippi, and Louisiana, as well as other international waterways. It also applies to sailors on boats navigating waters that may be shared by more than one state, such as the Mississippi River or lakes that cross state lines.
Understanding Jones Act Accidents
The Jones Act is a key component of the Merchant Marine Act of 1920. It is found under 46 U.S. Code §30104 and creates several statutory duties for those who employ workers on sea-faring vessels. These vessels may include ships, barges, oil rigs, and more.
The act also provides the right to file suit and recover compensation for injured workers on these vessels. Offshore workers generally do not qualify for workers’ compensation under the same rules they would if they worked on land.
When a Jones Act qualifying employee suffers a work-related injury or illness on a qualifying vessel, they can hold their employer, the boat owner, the captain, or other parties accountable. This would require them to prove that their injuries stemmed from negligence on the part of the defendant.
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The Jones Act and Related Maritime Laws
In some cases, other laws may apply in your case instead of the Jones Act. These laws could include applicable workers’ compensation laws, personal injury laws, or other state laws if your injuries did not occur offshore. Other maritime laws may apply too, which could include:
- Death on the High Seas Act: This law applies when a person suffers a wrongful death more than three nautical miles offshore on a sea-faring vessel. This law may also apply to deaths that occur offshore in some commercial aviation accidents.
- Longshore and Harbor Workers’ Compensation Act: This law allows injured or sick workers to seek compensation if they work on a sea-faring vessel that is in dry dock or if their injuries occur on a pier, in a harbor, on a deck, or in a cargo hold.
If you were a passenger, volunteer, or unpaid worker, you might have rights as well. With the help of a law firm representing victims of maritime accidents, you can learn more about your legal options.
A maritime accident lawyer in Birmingham will determine your legal options by discussing with you what happened, when and where, and who was liable. They will analyze your options under maritime and admiralty law and determine how you may seek compensation to hold those responsible accountable for your losses.
Compensation for Airline Injuries
In some cases, the Jones Act and related maritime laws may also apply to airlines. These situations could include both plane crashes or injuries suffered on a flight.
There are also other laws that apply when passengers are injured on international flights over open water. These laws primarily center on the Montreal Convention 1999 (MC99).
This international agreement allows passengers to hold the airline accountable if they are hurt or suffer injuries on a flight. Recoverable damages are similar to those available in personal injury cases, including treatment of the victim’s injuries and lost wages.
If you were hurt as a passenger on a flight, consider discussing your legal options with a lawyer who can help you understand the applicable laws and your rights.
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Learn More About Your Case from a Team Member at Morris Bart, LLC
If you suffered offshore injuries in the Gulf South, the Morris Bart law firm might be able to help. Contact our team today for a complimentary review of your accident, injuries, and rights.
You can speak with a team member familiar with The Jones Act, maritime law, and related laws today by calling (504) 613-4771. Our accident evaluations are free for injured or sick victims and surviving family members of those who died.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
