How Long Do I Have to Bring a Claim Under the Jones Act?

Thanks to the Jones Act and other remedies, seamen can benefit from special protection in the event of an injury. However, there are always some legal rules to follow, so that your Jones Act claim is deemed valid. See this overview of the important details.

Recap on the Jones Act

Maritime workers who qualify as seamen are entitled to unique rights and remedies, unlike land-based employees. As a seaman, you can hold your employer accountable for their Jones Act negligence. You must prove though, that they failed in fulfilling their duties as a Jones Act employer. Even little evidence can work in your favor, which is known as the slight causation standard.

Every Jones Act case involves different circumstances that can affect the outcome and the amount of compensation you can recover for your damages. If a seaman conducted unsafe acts that led to the accident, his contributory negligence doesn’t bar recovery; rather, his comparative fault only reduces his recoverable damages.  A failure to assert your Jones Act claim in time may cost you the chance of getting your rightful remedies and damages. What’s the deadline?

The Jones Act Statute of Limitations

You have three years to bring a Jones Act claim against your vessel employer. However, it is crucial not to delay for a variety of reasons. 

One significant reason is that your employer will undoubtedly criticize you if you continue to work through your injury and then assert a claim down the road. They might even contend you were not really injured. Vessel employer’s interests are aimed towards avoiding liability.

Also, in time it gets more difficult to prove what happened and find the right evidence. The statute of limitations sets legal deadlines to bring claims via personal injury lawsuits. Moreover, it suggests that seamen should start building their case as soon as possible after the accident.

What other remedies can help you recover after an injury? Apart from a Jones Act claim, you can assert a claim of unseaworthiness of the vessel.