If you’ve spent years working aboard container ships near New York or New Jersey, you understand the dangers that come with the job. But when an injury sidelines you, the legal process may feel unfamiliar. The Merchant Marine Act of 1920, commonly referred to as the Jones Act, is a federal law that gives seamen legal protection when injuries are caused by negligence. This law gives you the right to pursue compensation and hold your employer accountable. Here’s what you need to know to protect your health, career and financial future.
Your rights under the Jones Act
If your employer failed to act responsibly and caused your injury, the Jones Act allows you to file a claim directly against them. You can pursue compensation for medical bills, lost wages, pain and suffering and future loss of earning capacity. Unlike standard workers’ compensation, this law gives you the right to a full trial and damages if your injury was due to unsafe working conditions or faulty equipment.
If you believe your employer’s negligence contributed to your accident, you’ll need to act quickly. The law typically gives you up to three years from the date your injury occurred to file a claim. Knowing your rights under this federal statute is the first step in protecting your interests.
Types of compensation you may recover
Different damages may apply depending on the severity of your injury and the long-term effects. The Jones Act allows you to recover:
- Medical expenses: Payment for treatment, hospitalization, rehabilitation and medications
- Lost wages: Reimbursement for the time you missed from work due to the injury
- Physical and emotional distress: Compensation for pain, suffering and the resulting hardship
- Decreased earning ability: Financial support if you can no longer perform your duties as an employee
- Maintenance and cure: Daily living expenses and medical care during recovery
Knowing what compensation you may be eligible for can help you pursue appropriate compensation under the law.
Steps to protect your maritime injury claim
If you are injured while working on a vessel, act immediately to protect your rights. Notify your supervisor immediately, get treated by a medical professional, and secure any evidence, including witness accounts and photographs. These steps help prove negligence and will support your claim.
Before accepting any settlement, consider consulting with a maritime attorney familiar with the Jones Act. A lawyer can investigate the incident, preserve key evidence and ensure your employer or their insurer doesn’t undervalue your claim. This is especially important if you work out of Port Newark, Port Elizabeth or the Port of New York, where vessel-related injuries involve complex legal issues.