Maritime workers are some of the most vulnerable people in New Jersey. Not only do they often work in dangerous conditions, but they also may not be able to receive workers’ compensation if they’re injured on the job. That’s why the Jones Act is in place.
What is the Jones Act?
The Jones Act is a federal maritime law that was passed in 1920. It was named after Senator Wesley L. Jones of Washington, who sponsored the bill. The Jones Act allows injured seamen to file a lawsuit against their employer for damages caused by negligence or unseaworthiness of a vessel on which they were working. It also allows seamen to be compensated for lost wages, medical expenses, and physical pain and suffering.
How does the Jones Act protect maritime workers?
The Jones Act provides a legal framework for maritime workers who suffer an injury while on the job. The act gives injured seamen the right to sue their employer or vessel owner for any damages caused by negligence or unseaworthiness. In addition, it also allows them to recover lost wages and receive compensation for medical expenses and physical pain and suffering. Maritime workers are also entitled to maintenance and cure benefits if injured while working on a vessel, regardless of who is at fault. Maintenance refers to daily living expenses while cure pays for medical expenses.
What are the requirements to file a Jones Act claim?
To file a Jones Act claim, an injured seaman must be able to prove that their employer or vessel owner was negligent or the vessel was unseaworthy. The seaman must also be able to demonstrate that they were working aboard the vessel or on navigable waterways at the time of their maritime injury. Finally, they must prove that their injuries were caused as a direct result of their employer’s negligence or unseaworthiness of the vessel.
If the injured seaman can prove their employer or vessel owner was negligent or the vessel was unseaworthy, they may be entitled to compensation for damages. These could include lost wages, medical expenses, physical pain and suffering, and other costs associated with their injury.