Jones Act Lawyer

The Jones Act - Does the Location of an Accident Matter?

The Jones Act has been in existence for many years, and this enormous statute is one that is depended upon by ship workers, sailors and anyone who makes their living at sea alike. While the Jones Act does provide a uniform set of standards and protection for injured sea workers, there is still a high degree of confusion regarding its application to certain situations and the expected results that go along with these questions.

Below is a brief look at two of the most common sources of uncertainty when it comes to the application of the Jones Act, but if you are in need of specific answers to any questions that relate to your injuries suffered while working at sea, contact a Jones Act lawyer at Williams Kherkher today to schedule a free initial consultation.

Situation One - An American Ship on International Waters

As you see, the most common questions regarding the Jones Act center on venue and jurisdiction. One of those questions involves when a worker is employed on an American ship and is injured in another country. For purposes of this example, let's say that Mr. X is working for Shipping Company Y, which is based in Texas.

If the ship on which Mr. X is working travels to India, and Mr. X is injured based on the negligence of Shipping Company Y, would Mr. X be able to pursue a claim under the Jones Act? The answer is yes, he would. The Jones Act takes into account the fact that American sea workers will be traveling abroad, and Mr. X would be able to meet with a Jones Act attorney in the United States in order to evaluate his claim and pursue one if advisable.

Situation Two - An International Ship on American Waters

There has been a surprising amount of litigation on this relatively narrowly-scoped issue. Basically, the question that often arises is whether an injured sea worker can bring a Jones Act claim if he or she is working on a non-American ship that causes an injury in American waters. For instance, let's say that the worker, Mr. X, is injured in the port of New Orleans while working on a Panamanian ship. Can he seek relief under the Jones Act?

The general answer is no, he can't. Even though Mr. X was injured in American waters, he needs to seek relief in Panama. Although this is quite simplified, there needs to be some protection link between American law and the situation, such as the ship being an American company.

While this may seem a bit confusing, you can get the answers you need by contacting a Jones Act attorney at Williams Kherkher today to schedule a free initial consultation.