Prior to the Merchant Marine Act of 1920, sailors were prone to wrong treatment, consisting of abuse and heinous working conditions. They had no legal security against their bosses, and grievances, illness or fatality on the water were simply considered work-related dangers.
A piece of that 1920 law, the Jones Act, modified those circumstances, permitting seamen particular lawful protections from supervisor negligence that contributes to injuries.
If you're a seaman who sustained an impairment on a vessel, a maritime lawyer can help you comprehend your rights and assist you in receiving the settlement you are entitled to.
The Jones Act Defined
The Jones Act discusses the liberties of the once-overlooked seamen and secures securities in favor of them and recourse impeding wrong handling and negligent situations that contribute to injury.
The legislation arranges for compensation for injured seamen, though it is drastically dissimilar to other maritime laws and workers compensation legislations.
Dissimilar to other regulations, to apply for Jones Act arguments, an injured seafarer has to prove supervisor carelessness to be qualified for benefits. Though, even minor carelessness is sufficient to meet this condition.
It also offers substantial disbursements that largely exceed the variety attainable through arguments by way of the Worker's Compensation Act. This means it is considerably important that seamen seek advice of a qualified maritime attorney who can aid them in getting the total amount they are qualified for under the appropriate regulation.
Who Qualifies As A Seaman?
Not every individual who works on a boat will be qualified to apply for a claim. To be entitled under this maritime regulation, the individual has to be a seaman. In order for a person to be called a seaman under the Jones Act regulation, that individual is required to fulfill three essential conditions.
Must be assigned to a vessel: A worker must be committed to a boat or fleet of boats under common ownership. Freelancers who work for several companies may not have the ability to demonstrate the required relationship with a single ship.
Vessel is required to be in navigation: Not every individual tugboat, barge, rig or casino boat qualifies by way of the Jones Act. The boat is not required to reside in ocean waters to meet requirements. Vessels on rivers or inland waterways are also able to meet requirements, and laborers on them are able to qualify as seamen by way of this law.
Must have considerable connection with ship: This requirement means the seaman is required to spend a substantial amount of time on board the ship (but not all of the time) and contribute to its livelihood or operation. In the event that you pass about one-third of your time employed on a boat, you may qualify.
It's vital to also know that to be called a seaman by way of the Jones Act, a laborer does not necessarily have to be directly involved with the control and operation of the ship. Other occupations also qualify, and chefs, wait staff, card dealers, cooks, entertainers and many others have met requirements.
In the event that you're a seaman who has been impaired on a vessel, you may be qualified to apply for a Jones Act settlement. Contact the experienced maritime law lawyers at Schechter McElwee Shaffer and Harris for a no-cost introductory conference.
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