Are you a Jones Act seaman? As a part of a protected class of employees, you have special rights and remedies in the event of an injury. But did you know that your employer has certain duties under the Jones Act? Read all about it.
Jones Act Seamen’s Remedies
If you qualify as a seaman, you fall under the protection of the Jones Act. It allows injured seamen the right to seek compensation from their employer. Depending on the case and the different circumstances at play, Jones Act seamen can also benefit from the ‘trinity of remedies’. Moreover, there are additional remedies available against retaliation to help the affected crewmen.
In admiralty law, there are strict rules that apply to personal injury cases. One critical point is that the Jones Act seaman should have sustained the injury in the course and scope of their employment. Another important aspect involves the negligent conduct of the vessel employer. Such conduct is considered to be a breach of the employer’s duty under the Jones Act.
Jones Act Employer’s Duties
What duties does your employer owe you? In sum, Jones Act employers owe seamen the duty to provide a reasonably safe place to work and are required to use ordinary care to maintain the vessel in a reasonably safe condition. Accordingly, their negligence can arise from:
- a dangerous condition on the vessel
- the failure to inspect the vessel for hazards
- an act of negligence by a fellow crewmember.
If a vessel employer breaches their duties, this usually results in seamen being exposed to the risk of personal injury. Some examples include improper safety gear, no safety training of the crew, missing warning signs in hazardous areas, lack of non-skid surfaces on vessel decks, or malfunctioning equipment and parts. Such factors increase your chances to win a worthy compensation.
However, proving that your employer has been negligent is required to prevail on your personal injury claim. Learn what you must prove to recover your injuries under the Jones Act.
