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Individuals who are injured at work on a vessel or an oil rig can claim recovery of damages through the Jones Act. If the injury happened overseas, the individual might be able to file their Jones Act maritime claim in the U.S. The injured individual must meet certain eligibility criteria to qualify for a Jones Act claim.
What is the Jones Act?
The Jones Act is an important law for seamen who have been injured on the job, as it offers them legal protection to seek compensation for their injury due to their employer’s negligence, wrongdoing, or the unseaworthiness of the vessel. The Jones Act applies to U.S. citizens and Non-U.S. citizens under certain conditions.
The Jones Act is also known as the Merchant Marine Act of 1920, which was the year the law was established. The objective of this law is to maintain the rights of seamen. It requires the employers of seamen to provide a safe working environment, and if the seamen are injured on duty due to the employer’s fault, the employer must pay for the damages.
A seaman is defined as any man or woman that spends most of their time abroad on navigable vessels or contributes to the operation of the vessel. Under the Jones Act, seamen must spend at least 30 percent of their work time abroad on a navigable vessel to be covered under this law.
The damages that can be claimed under the Jones Act include lost wages, medical bills, pain and suffering, future medical expenses, and other types of damages. A key advantage of the Jones Act for injured workers is that it reduces the burden of proof on them. This makes it easier for them to prove that their injuries are the fault of the employer and that they should get full and fair compensation for their damages.
Coverage Under the Jones Act for Overseas Accidents
Maritime laws grant U.S. courts jurisdiction over foreign-owned vessels and companies that operate in U.S. waters. However, if the accident happened overseas, several factors need to be considered to determine if the Jones Act can be used to file a claim against the company.
The location of the maritime accident does not determine if the Jones Act applies to an individual. This means that as long as the individual qualifies as a Jones Act seaman, they can file a claim under the Jones Act, regardless of the location of the accident. However, any claims made overseas can get complicated as a result of jurisdiction laws. Jurisdiction is the authority and the ability of the court to exercise legal decisions and judgments.
If the employer falls under U.S. jurisdiction, the Jones Act claim is more likely to apply to your case, but if that is not the case, the claim can get complicated. A court in the U.S. needs to have “personal jurisdiction” over the employer to be able to pass judgments or make decisions under the Jones Act.
Establishing Jurisdiction for an Overseas Accident
A company is under “general jurisdiction” if it has sufficient and continuous contacts with the U.S. This would be a company that engages in day-to-day business in the U.S. or has offices located in the U.S. Under this type of jurisdiction, the company can be sued for any claim.
A “specific jurisdiction” might apply if the company has some connection or contacts within the U.S. This means that it is possible for a worker who has been injured in an overseas accident to file a claim against an employer even if the employer has no offices in the U.S. Jones Act lawyers can help establish jurisdiction for an overseas accident to determine if your injuries can be covered under the Jones Act.
Contact an Attorney That Specializes in the Jones Act
There is a statute of limitations for legal action under the Jones Act, so you must file a claim before the deadline, which is generally three years from the date of the accident.
As filing a Jones Act claim for accidents that happen overseas can be complex, you could benefit from getting assistance from maritime accident lawyers, who are experienced and well-versed in the legal proceedings and filing claims under the Jones Act. They can also guide you on the steps to take to get full and fair compensation for your injuries and determine if your case qualifies under the Longshore and Harbor Workers Compensation Act (LHWCA) or other general maritime laws.
