Injuries among boat crew members can be prevalent, so in 1920 Congress passed the Jones Act, which now covers people who work on ships or other types of vessels on the ocean, rivers, lakes, and other bodies of world. Under the Jones Act, owners of water vessels must provide well-maintained and safe vessels for employees. Boats must be free from defects and in good working order. According to the Bureau for Labor Statistics, the water transportation industry is one of the most dangerous industries in the country.
Although workers in other industries who are injured on the job are covered under workers’ compensation, injured maritime workers cannot recover workers’ compensation. Instead, they must pursue a claim or a lawsuit against their employer under the Jones Act. In order to recover under the Jones Act, a crew member must show that his or her injury was due to the fault of the employer.
Once liability has been shown, the injured maritime worker is entitled to temporary benefits called “maintenance” and “cure”. Maintenance is an amount of money paid to workers who cannot work because of their injuries. Cure is a payment for medical expenses including doctors, hospitals, therapies, and prescription medications. In addition, unlike what is available under workers’ compensation, injured maritime workers may be entitled to damages for lost wages, pain and suffering, and other benefits under the Jones Act.
If you have been injured in a maritime accident as a maritime employee in California, call me, Conal Doyle, California personal injury attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.