Your Rights Under The Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, provides a wide range of protections for maritime workers. It gives seamen the right to pursue claims against their employers for injuries at sea that resulted from the negligence of other crew members, the captain or the owner of the ship. It allows injured sailors the ability to pursue compensation for medical bills, lost wages and other expenses.
Tabak Mellusi & Shisha LLP is a team of attorneys that provides vigorous representation in cases involving Jones Act claims, unseaworthiness claims and other maritime injury claims. With extensive experience in this field and practical experience as Merchant Marine officers, they have the knowledge, skills and resources needed to win your case.
Medical Care And Compensation For Those Injured At Sea
As a maritime worker who depends on your physical abilities to support yourself and your family, you deserve the best medical care available and compensation for your losses.
When you retain our firm, our New York Jones Act attorneys will investigate your case, identify your current and future medical needs, and work diligently to help you get all of the maintenance and cure benefits you are entitled to receive. If your injuries were caused by the negligence of your employer or another party, we can seek additional compensation for you.
As a maritime worker covered by the Jones Act, you have one chance to get the medical benefits and compensation you deserve. Tabak Mellusi & Shisha will be your strong advocate, working hard to help you get maximum compensation for all of your losses.
Are You An Injured Cruise Ship Worker?
You may be receiving workers’ compensation benefits, or perhaps your employer has denied you benefits by claiming that you are an independent contractor. In fact, you may be covered by the Jones Act, which could entitle you to significantly more compensation than you would receive from the workers’ compensation system. Our lawyers can represent you.
Frequently Asked Questions About New York Jones Act Claims
Maritime workers often have concerns about their rights under the Jones Act and how claims proceed in New York. The answers to these common questions can clarify your situation.
Who qualifies as a “seaman” under the Jones Act?
A seaman is someone who spends a substantial portion of work time contributing to the mission of a vessel in navigation. Courts generally require at least 30% of work hours to be performed aboard a vessel operating on navigable waters. The vessel must be capable of movement and engaged in maritime commerce or related activity. Workers assigned to fleets under common ownership may also qualify if their duties regularly serve those vessels.
What does “negligence” mean under the Jones Act? How is it proven?
Negligence means the employer failed to provide a reasonably safe place to work or failed to act with ordinary care. The standard is lighter than traditional negligence, as even slight employer fault can support liability. Negligence may be proven by demonstrating unsafe equipment, inadequate crew, improper training or violations of safety rules.
Evidence often includes maintenance logs, witness statements, safety records and expert analysis. A seaman must show that the employer’s negligence played some role in causing the injury.
What damages can I recover under the Jones Act?
Jones Act damages compensate injured seamen for economic and noneconomic losses caused by employer negligence. Available damages often include:
- Lost wages: Covers income lost during recovery and proven future earning losses
- Medical expenses: Includes past treatment and reasonably expected future medical needs
- Pain and suffering: Compensates for physical pain and emotional harm caused by the injury
- Future earnings: Addresses long-term loss of earning capacity when injuries limit work ability
These damages are separate from maintenance and cure, which provide living costs and medical care until maximum medical improvement.
Who can be held liable in a Jones Act case?
Liability depends on the circumstances surrounding the injury and the parties responsible for vessel safety. Liable parties may include:
- Employer: Responsible for providing a safe workplace and proper equipment
- Vessel owner: May be liable for unseaworthiness or unsafe vessel conditions
- Third parties: May include contractors or equipment manufacturers whose conduct contributed to the injury
Each party’s role is evaluated based on control, safety obligations and involvement in the incident.
Schedule A Free Consultation
Call us at 800-781-8419 or contact us by email for a free consultation with an attorney who understands your rights under the Jones Act. We represent clients throughout the U.S. and around the world from our offices in New York City.