What is the Jones Act, and how can a Jones Act Lawyer help?

Maritime workers face a variety of hazards every day they are on the job, often encountering far more risks than most other workers in the U.S. The nature of maritime work—whether it’s aboard fishing vessels, cargo ships, or passenger ferries—exposes seamen to dangerous conditions, such as heavy machinery, slippery decks, and unpredictable weather. Given these elevated risks, it’s not uncommon for maritime workers to suffer catastrophic injuries, which can have life-altering consequences. To protect these workers, the Jones Act was instituted, offering specific protections and legal recourse for seamen who are injured on the job due to negligence or unsafe working conditions.

One of the most serious injuries maritime workers can face is a brain injury. Whether caused by a fall, heavy equipment malfunction, or a collision, brain injuries can severely impact a worker’s cognitive functions, motor skills, and overall quality of life. In the maritime industry, these types of injuries are particularly concerning because of the challenging work environment and the potential for delayed medical care while at sea. Under the Jones Act, injured seamen can pursue compensation for medical expenses, lost wages, and long-term rehabilitation, ensuring they receive the care and support needed for recovery.

Paralysis is another devastating outcome that can result from accidents at sea, often caused by falls from great heights, crushing injuries, or heavy equipment mishaps. The Jones Act allows workers who suffer from paralysis due to employer negligence or unsafe working conditions to seek compensation for their injuries. This includes coverage for medical treatments, adaptive equipment, and ongoing care, helping maritime workers and their families cope with the immense challenges posed by such life-altering injuries. By holding employers accountable, the Jones Act ensures that injured maritime workers receive the support they need to rebuild their lives.

The Jones Act, also referred to as the Merchant Marine Act of 1920, is an extension of FELA for railroad employees, and it essentially has formalized the rights of certain maritime workers, protecting them in the event they are injured on the job.

Among the protections and stipulations of the Jones Act are that maritime workers who are injured while working have the right to:

• Bring claims against their employers when their injuries have been caused by the negligence of ship owners, ship captains and/or other seamen – These claims can be based on allegations of negligence and/or the unseaworthiness of a vessel.
• Have these claims been decided in a jury trial in either state or federal courts (i.e., wherever they choose to file the Jones Act claims)
• Obtain compensation for their medical bills, lost wages, impacts to their future earning capacity, disfigurement, mental suffering, etc.

Who is Covered: Seamen as Defined by the Jones Act

In order to qualify as a seaman per the terms of the Jones Act, a maritime worker has to:

• Be officially assigned to a vessel or a fleet of vessels that operate on a navigable waterway
• Perform duties that promote the function or mission of the vessel
• Spend 30 percent or more of his time in service to the vessel.

Specifically, the maritime workers that are typically covered by the Jones Act include (but are not limited to):

• Shipbuilders
• Offshore workers
• Crews that work on tankers and freighters
• Barge, rig and platform workers
• Longshoremen.

Maritime Injuries Covered by the Jones Act

Some of the specific types of maritime injuries that seamen can obtain compensation for under the terms of the Jones Act include (but are not limited to):

• Head injuries
• Traumatic brain injuries
• Neck, back and/or spinal cord injuries
• Loss of a limb or crushed limbs
• Scarring and disfigurement injuries
• Burns and lacerations
• Bone fractures
• Muscle and joint injuries.

It’s important to point out that there is generally a 3-year statute of limitations for filing Jones Act claims. Effectively, this means that injured maritime workers have 3 years from the date of their injury to file their claims. If they wait and try to file a Jones Act claim after 3 years have passed, they will typically lose their right to obtain compensation for their maritime injuries under the Jones Act. A maritime attorney at Savage Law Firm can provide further clarification based on the details of your specific situation.

Portland Maritime Injuries and Jones Act Lawyers at Savage Law Firm

Since 1977, the Portland maritime lawyers and Jones Act attorneys at Savage Law Firm have been dedicated to defending the rights of injured seamen and to providing them with the highest quality legal services.

We realize how devastating maritime injuries can be, and our lawyers are here to aggressively advocate injured seamen’s rights to both justice and compensation. While this means that our Portland maritime attorneys and Jones Act lawyers will work diligently to help our clients tell their stories in court, it also means that our maritime attorneys and dedicated staff will vigorously stand up to insurers and others outside of the courtroom to ensure that our clients are able to obtain the settlements they deserve.

Contact Us for a Free Case Evaluation

You can learn more about our legal services and what we can do for you by calling us at 503-222-0200 (in Portland) or at 206-957-7272 (in Seattle). You can also email us using the form on this page. We represent clients in Oregon and Washington from our offices in Portland and Seattle.