As Congress has not adopted a worker’s compensation statute applicable to seamen, injuries or sicknesses occurring to seamen during the course of their employment are subject to a variety of different types of remedies.

MAINTENANCE, CURE AND UNEARNED WAGES

Every seaman who becomes sick or injured during his employment, regardless of any fault of the owner or operator, is entitled to maintenance, cure and unearned wages as a matter of right. “Maintenance” is the seaman’s reasonable expenses of room and board while ashore, until the seaman is fit for duty or until maximum benefit of treatment is reached. “Cure” is the reasonable medical expenses incurred by the seaman for curative treatment. “Unearned wages” are wages the seaman would have received if he had not become sick or injured, to the end of the voyage.

JONES ACT LAWSUIT

The Jones Act is a law enacted by Congress that provides protection to persons who are members of the crew of a ship or vessel. The Jones Act applies to inland river workers as well as offshore workers who work on a jackup rig, semi-submersible ship or rig, barge, drill ship, tug / towboat, crew boat , drill ship, dredge, floating crane, tanker, cargo ship, fishing vessel, chemical ship, research vessel, construction barge, lay barge, motorized platform, diving vessel, cruise ship, recreational boat or other floating / movable structures. The Jones Act 46 U.S.C. 688 (1970) governs the liability of vessel operators and marine employers for the work-related injury or death of an employee.

The Jones Act provides an injured seaman a remedy against his or her employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a ship or vessel. This means that the employer must do something unreasonable or fail to perform a reasonable act that would have prevented injury in order for the seaman to win his claim. An injured worker's maritime claim under the Jones Act can also raise claims against a vessel's owner that a dangerous condition existed on the vessel that made the vessel unseaworthy, ie. unfit for its intended purposes. In a Jones Act lawsuit you may seek to recover past and future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to perform household services and take care of yourself, and other damages recoverable under the maritime law.

Maritime Law and Jones Act cases can be quite complex. There are often time deadlines that apply which may prevent you from bringing your claim if they are not met. For these reasons, it is important that you are aware of all of your rights. Contact theDavis Law Center for a free consultation.


Contact the Davis Law Center today at 248-865-7740 or contact by email at ndavislaw@ameritech.net.