Jones Act Lawsuit Lawyer

The Difference between the Jones Act and General Negligence

When someone who works at sea is injured, there are several issues that need to be faced head-on and gotten past so that the victim of these injuries can move on with his or her life. Luckily for everyone involved, Congress passed the Jones Act a long time ago in order to provide several benefits to the sea-faring industry. First, the law provided for protection for the injured sea workers. Secondly, it provided uniform standards for every vessel that falls under the jurisdiction of the United States, which only made reaching a solution to these situations that much easier.

However, there is one difference between the Jones Act and 'general' negligence standards as they play out in real life. Below we'll look briefly at the similarities and then discuss the main difference, but if you've been injured while working at sea, you need to contact a Jones Act lawsuit lawyer at Williams Kherkher immediately to schedule a free initial consultation.

The Similarities

While it's somewhat ambiguous to compare one law to an entire system of laws, similarities can be found and noted. The most basic commonality that exists between these two legal realms is within the context of safety and reasonability. For instance, when looking at the concept of premises liability, the owner of a property has a duty to keep the location safe for those who can be foreseen to use it, and no unreasonable dangers can go unreported to those who may enter the property.

The same basic concept applies to vessels under the Jones Act. Employers and ship owners must provide a vessel that is 'seaworthy' for its workers, and the standards for this worthiness is much the same as it would be for any premises. Not to mention, any dangerous conditions that are present on a vessel must be disclosed to anyone who could be foreseen to be harmed by them.

The Main Difference

The biggest difference between the Jones Act and general negligence claims occurs within the realm of recovery. Specifically, this difference plays out in terms of the recovery a plaintiff could receive before a case is even decided. When someone is injured by negligence, he or she incurs costs and does not receive any financial recovery until a judgment or a settlement is secured.

That's not how it works under the Jones Act. When a sea worker is injured, he or she is entitled to maintenance and cure. Maintenance and cure payments are basically meant to provide the injured worker with reasonable payments every week that allow the worker to pay for basic room and board and other medical expenses while he or she is unable to work after the injury he or she suffered while working in a sea-faring capacity. The Jones Act requires that these payments be made regardless of the ultimate fault.

If this seems somewhat complicated, that's because it is. If you have been injured at sea, you need to contact a Jones Act lawsuit lawyer at Williams Kherkher today to schedule a free initial consultation.