Injuries Covered by the Jones Act

The Jones Act is a federal law that governs marine commerce in the United States. While it primarily focuses on the regulation of trade and transportation of goods, the Jones Act also covers workplace injuries. If you are an Illinois employee in this industry and have suffered injuries covered by the Jones Act, you can seek compensation for numerous legal damages.

A Chicago Jones Act lawyer from our team can guide you through the claims process to increase your chances of securing fair benefits. We have decades of experience holding negligent employers accountable for failing to provide safe work environments. 

What Are the Most Common Injuries Covered by the Merchant Marine Act of 1920?

Injuries at sea can be incredibly dangerous, resulting in physical, emotional, and financial consequences for the victim. It is essential to understand the types of injuries that would fall under the Jones Act so you can pursue legal action and recover damages. 

Here are the most common types of injuries that this law covers:

• Repetitive use injuries caused by manual labor on the job that have led to chronic pain
• Traumatic brain injuries from slip and fall accidents on deck
• Crush injuries caused by the use of heavy equipment or while moving cargo
• Back and spinal injuries from lifting heavy objects or vessel vibrations
• Burns suffered from flammable or chemical materials
• Amputations caused by heavy equipment or pinning accidents
• Drowning accident

For your accident to be covered by the Jones Act, your injury must occur during the course of your employment and on a vessel in navigation. If either of these components is not present, you may not be entitled to a higher Jones Act settlement. 

Potential damages in a maritime accident may include lost wages, medical expenses, future medical costs, emotional distress, pain and suffering, and loss of normal life. 

How the Jones Act Defines an Injured Seaman

A “seaman” is a worker who spends a significant portion of their time on a vessel that contributes to the function of that vessel in navigation. The traditional threshold for a seaman is that at least 30% of their time is spent working on the ship. 

Employees who may qualify as seamen include crew members on fishing boats, barges, tugs, dredges, cargo ships, and ferries. 

Suppose you suffer from an accident on a ship and want to recover damages for medical treatment costs, lost income, or other losses. In that case, you must have a substantial connection to the vessel or fleet in navigation. Otherwise, your injury claim will not qualify for a Jones Act action. 

When Is a Maritime Injury Covered Under the Jones Act?

The Jones Act is not the same as workers’ compensation. While workers’ comp supports employees regardless of fault, the Jones Act covers specific scenarios related to employer negligence. 

Here are a few scenarios covered under the Jones Act:

• Employer negligence causes a lack of training, the presence of slippery surfaces, or the use of unsafe equipment, causing an employee to suffer a fractured hip
• A failure to maintain a seaworthy vessel that leads to equipment malfunctions and a fire, resulting in severe burn injuries to crew members
• Insufficient supervision aboard the ship creates an unsafe environment, causing a worker’s leg to get crushed by falling cargo when safety protocols were ignored
• Overworking crew members or not hiring enough crew members causes repetitive stress injuries that limit the victim’s ability to continue working in the same role

What Types of Maritime Accidents Lead to Jones Act Claims?

The type of accident you suffer will play a role in the outcome of your claim. When filing this suit, the employer must prove that they were not negligent in causing the incident, which is a high burden of proof. 

Here are some typical maritime accidents that could result in injury claims from crew members:

• A slip and fall on a wet deck that lacks warning signs
• A crane failure when handling cargo due to deferred maintenance
• Falling cargo that is improperly secured because an employer allowed shortcuts
• An engine room fire or explosion caused by an overworked employee
• A vessel collision caused by the inattention of the captain of the other vessel
• Exposure to chemicals or asbestos that were not properly stored according to safety standards

These examples of negligence could be enough to make an employer responsible for the suffering of their crew members. 

How Long Do You Have to File a Jones Act Claim?

Under 46 U.S. Code § 30106, injured seamen have three years to file Jones Act claims to recover damages for legal losses. If you wait until after the three years to take legal action, your chances of earning fair benefits may disappear.

Even if you file within that three-year window, delays in the filing process could weaken your case. Evidence becomes much harder to secure after a certain amount of time has passed, so it is wiser to take action immediately. For example, surveillance footage of the accident could disappear after a few months. 

Before filing your claim, you should consult IL Work Injury Lawyer. Our maritime injury attorneys specialize in Jones Act cases and can help you understand your legal rights. Whether you were hurt by a piece of malfunctioning equipment, a negligent third party, or a slippery surface on the deck, our firm will investigate the incident to build a strong case. 

Book a Free Consultation

Pursuing legal action after a devastating injury can be overwhelming. Injured seamen and their families can rely on IL Work Injury Lawyer to navigate the claims process, protect their rights, assess their injuries, and fight for fair payment. 

Our team works on a contingency fee basis, which means you owe nothing unless we win your case. We have handled Jones Act cases throughout Illinois, so we have the experience necessary to secure a positive outcome after the accident. Additionally, our firm offers a free consultation, allowing you to ask questions about your accident and the legal process. 

If you have been injured at sea during the course of your work duties, contact a Chicago work accident attorney today to schedule your free case evaluation.