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When can Jones Act protections come into play?

Jones Act protections are important for seaman injured on the job. It is useful for injured seamen to be familiar with when they may be able to receive help under the Jones Act and how to access the resources that might be available to help them through the challenges they are facing after being injured on the job.

When does the Jones Act apply?

There are several circumstances when injured seaman may be able to claim the protections of the Jones Act including when:

  • An injury or other harm occurs because the captain or crew are insufficiently trained;
  • An injury or other harm occurs because of poorly maintained equipment;
  • An injury or other harm occurs because of slippery substances on the ship deck;
  • An injury or other harm occurs due to an assault by a crew member; or
  • An injury or other harm occurs because the crew has not been provided with proper equipment.

What is the process to make a claim under the Jones Act?

There are several steps injured seaman should take after being injured on-the-job including:

  • Reporting the injury to the supervisor within 7 days of suffering the injury.
  • Making an official statement about the injury and who is at fault by completing an accident report.
  • Seeking medical treatment as soon as possible following their injury and retaining relevant medical records for their claim.
  • Making the decision to settle the claim or file a lawsuit against the employer.

All of these steps are important to be familiar with and for injured workers to take so they can receive help with their medical expenses and lost earnings, as well as other losses associated with their accident and injury. When an employer has been negligent, and a seaman is injured as a result, it is important for the injured worker to get the help they need and know how to hold the employer accountable through a Jones Act claim.