1. What is The Jones Act?

The Jones Act is a federal statute enacted in 1920 which established a negligence remedy against a seaman's employer for the injury or death of a seaman. The Jones Act specifically incorporates the rights and remedies extended to railroad workers by the Federal Employees Liability Act ("FELA"). Thus, the Jones Act and the FELA are two of the very few circumstances in which an employee can sue his employer for the negligence of the employer or the employee's co-workers.

2. What type of injuries and accidents are seen in offshore accidents?

• Injuries such as those in the back, neck or shoulder relating to heavy lifting and cargo handling
• Falls, broken bones, paralysis and amputations due to unseaworthy conditions
• Burns caused by explosions on oil rigs or ships
• Electrocution injuries and deaths due to defective equipment on ships, tugboats, oil rigs or harbor facilities
• Drownings

3.What type of compensation is available?

An injured seaman is entitled to certain remedies, including maintenance (a daily amount for subsistence during recuperation), cure (medical care), unearned wages, and repatriation (return to the seaman's home port in the event that he is injured overseas).

4. What is Admiralty Law?

Admiralty law is that body of law governing navigation and shipping. These courts function separately from the general courts of law. The United States Congress placed admiralty and maritime matters under the jurisdiction of the federal district courts rather than the state courts.

5. Who is a "seaman"?

The definition of seaman may be considerably broader than those who actually navigate the vessel or maintain the vessel's engines. It can also apply in certain cases to those who contribute to the function of the vessel, such as hotel staff workers aboard cruise ships, hair dressers, bartenders, musicians, and even dealers on gambling vessels.

6. What is considered a “vessel?”

The term "vessel" means a watercraft used, or capable of being used, for transportation. It can include river towboats, ocean-going tugs and tows, cruise liners, fishing vessels, harbor tugs, ocean-going commercial vessels, oil exploration vessels such as drilling ships, semi-submersible vessels, pile-driving vessels, dredges, crew boats and offshore supply vessels and pleasure vessels.

7. Is it necessary that the vessel be a commercial vessel?

No. If a private owner of a sailing yacht were to hire a crew member to work aboard their yacht, that crew member would be a Jones Act seaman. This would be true even if the yacht also carried other persons that had not been hired to work aboard the vessel and were not considered Jones Act seamen.

8. What does "unseaworthiness" mean?

Seaworthiness is imposed by operation of law on a vessel owner to provide an absolute and non-delegable duty to seamen to provide a vessel that is reasonably fit for its intended purposes or for its intended voyage. When injury or death occurs the vessel and its owner can be found liable.

9. How can a seaman prevail under the Jones Act?

Hiring an experienced attorney is crucial. The seaman must show that the employer was negligent and that the negligence caused the injuries sustained by the seaman. It also must be shown that the ship owner knew, or in the exercise of due care, should have known of the dangerous condition.

10. What does statute of limitations mean and does this apply to my claim under the Jones Act?

The statute of limitations is the time period in which you have to file a lawsuit. If you don't file a claim within this period of time, you will be forever barred from recovering damages for your injuries. Generally, you have 3 years from the date of your injury in which to file a claim, but this varies from state to state.