The Jones Act protects seamen who suffer an injury while serving onboard their vessel. If you qualify as a seaman, you have the right to sue your employer for their Jones Act negligence. What happens if you also have a fault in causing the accident? Explore a similar scenario to get some answers.

Seaman’s & Employer’s Fault

When a seaman shares fault in causing his injury, his contributory negligence is not a complete bar to recovery. What does ‘contributory negligence’ entail in a lawsuit to follow? 

If you fail to exercise reasonable care for your own safety while performing your duties, then your actions played a part in the accident. Often vessel employers plead ‘contributory negligence’ in defense of Jones Act negligence claims. You can still file a personal injury claim, but your employer won’t have to pay full compensation.

The seaman’s fault reduces the amount of recoverable damages by the fault that is attributed to him. For example, if the factfinder (judge or jury) determines that your Jones Act employer was 80% at fault for your injury and that you are 20% at fault, then your 20% comparative fault will reduce your recoverable damages by 20%. 

Employer’s Tactics Against Jones Act Seamen

In personal injury lawsuits, the vessel employer’s interests are at direct odds with yours. Maritime employer’s tactics often include powerful legal advice. Given the doctrine of contributory negligence, your Jones Act employer will always attempt to blame you for your own injury and will try to develop evidence that you caused your own injury in order to escape liability.

You should hire a maritime personal injury attorney experienced in combatting these defense tactics. This is how you would be aware of all your seaman’s rights and remedies and will be able to make the best of them for a complete recovery. 

Learn more about the statute of limitations related to the Jones Act and why you must not delay your claim.