Maritime claims vs. Jones Act claims for injured seamen

General maritime laws typically refer to no-fault systems in place to protect workers in the maritime industry. The most well-known claims under this rule are maintenance and cure claims and unseaworthiness claims, both of which provide compensation regardless of fault. Injured seafers also file personal injury and wrongful death claims under maritime laws, but the outcome will likely depend on applicable state laws.

The Jones Act, or the Merchant Marine Act of 1920, gives additional protection for seafarers through a fault-based federal system, where a worker may get higher compensation for damages if the company's negligence played a part in their injury or condition. Learning the difference between the Jones Act and other maritime laws is the first step to pursuing just compensation for your work-related medical condition.

Comparing the Jones Act and maritime claims: Where does your case qualify?

Eligibility

Maritime claims generally apply to a wider range of employees that include cargo workers, dock employees, and other individuals who may not qualify as seafarers but are involved in maritime industry operations. Jones Act claims are reserved for maritime workers who meet the 30% rule, which requires them to spend at least 30% of their working hours on a vessel (or a fleet) in navigable waters. Additionally, their work must be significant to the vessel's function, which means the rule applies to crew members, officers, deckhands, cooks, bartenders, stewards, and many others.

If you were injured or you were diagnosed with cancer within the past three (3) years, ELG Law can help seafarers file a Jones Act claim for respiratory cancers, blood cancers, PFAS-associated cancers, and catastrophic injuries.

Compensation and coverage of damages

Under general maritime laws, workers are entitled to maintenance and cure benefits from their employer, which cover medical costs and living expenses until the injured worker can return to work. The Jones Act further expands regular coverage to include additional protections, such as non-economic damages compensation for pain and suffering, mental anguish, and future loss of wages.

Burden of proof

Most land-based workers are covered by state laws under a no-fault compensation system. Similarly, maritime workers can claim maintenance and cure benefits without having to bear the burden of proof. However, under the Jones Act, a seaman needs to prove that the company's fault, no matter how small, played a role in their injury or medical condition.

Proving your claim for various damages can be complicated, as employers and insurers will fight back to minimize their financial liability. It's best to get a competent law firm to guide you through the complex process and pursue maximum compensation.

For injured or critically ill seafarers: File your Jones Act claim with ELG Law

We understand that your treatment and recovery are the top priority after a work-related incident. ELG Law assists injured or critically ill seamen, including those who developed cancer through occupational exposure, by filing your Jones Act claim on your behalf. Our attorneys need to evaluate your medical records, work history, and proof of exposure to check if your case is eligible for a Jones Act claim. Contact ELG Law immediately to get a free evaluation.