Jones Act

Jones Act and Maritime Lawyers

Eric Holland’s firm was named “Maritime Law Firm of the Year” for 2012 by a global law publishing company.  We have been asked to teach other lawyers and judges about the special provisions of the Jones Act and how to handle Jones Act and Maritime cases.  Our experienced Maritime and Jones Act attorneys often accept referrals from other leading law firms in this practice area.  Firm partner Eric Holland has been named a “Super Lawyer” in the practice areas of maritime and transportation law for the last 10 years.  Below is a summary of Jones Act basics from Holland Law Firm’s maritime lawyers.

Who is Covered by the Jones Act?

If you are injured at work on a vessel, or even on shore, you may be a “seaman” under the Jones Act, a special federal law that protects maritime workers.  “Seamen” have been defined by courts to include workers on Barges, Tug Boats, Offshore Oil Rigs, Cruise Ships, Private Yachts, Riverboat Casinos, Fishing Boats, Tankers, Ferries and more.

There are many situations when injured workers are paid under state compensation systems that provide far less in benefits that the Jones Act.  Anyone who has been injured working on or around any of the vessels above should call our firm to determine if the Jones Act covers them.

Any vessel on waters classified by law as “navigable” (including rivers, lakes, bays, intercoastal waterways, etc.) may be covered by the Jones Act.  Workers involved in the construction of bridges over navigable waters are usually covered by the Jones Act.  For further information, contact info@allfella.com.

What Am I Entitled To For My Jones Act Injury?

You may be entitled to several things, including maintenance and cure, which is a weekly check from your employer and your medical bills paid.  You may also be entitled to collect for permanent injuries you have through either a settlement or trial.  It is cruicial that you get legal advice about your Jones Act rights and the value of your case.

One of the key elements of maritime law is maintenance and cure, which is an old remedy for seamen at common law that requires employers to pay for lost wages and medical treatment.  Many cases dating back decades recognize that if an employer maliciously or for a bad reason (known as “willful and wanton” conduct), a seaman may be entitled to punitive damages.  This is on top of recovery for all injuries sustained, pain and suffering, disability and future wage loss.

If you or a loved one have questions about an injury on the river or in maritime employment, contact info@allfella.com.

What if I am Injured as a Passenger on Board a Ship or Boat?

You may have rights under the certain provisions of federal maritime law, subject to conditions set forth on your agreement with the boat operator and the value of the vessel.  There are a number of important considerations for passengers injured on cruise ships and excursion boats.  You should consult an experienced maritime lawyer at the Holland Law Firm:  1-877-255-3352.  Many of the cases against cruise ship operators specify that any case must be filed in Miami, Florida.  The experienced maritime lawyers at the Holland Law Firm have experience litigating cases like this including in the courts of Miami.  One similar case in Miami resulted in a $4,000,000 jury verdict.  Remember, all cases are different and past results are not a guarantee or prediction of the success of another case.  The bottom line is to contact an experienced maritime lawyer to answer all of your questions and concerns.

Are There Any Time Limits?

Jones Act cases, like railroad injuries, have a three (3) year Statute of Limitations which requires you to bring your case to court within three (3) years of an injury at work.  If you fail to do so, your claim could be barred FOREVER.  To consult with an attorney, contact info@allfella.com.

Maritime cases have a variety of different potential time limits, notices periods and statutes of limitations depending on where the injury occurred, the status of the injured person and other factors.  You should immediately contact an experienced maritime attorney to make sure you are not allowing any deadlines to pass as a failure to comply could bar a potential claim FOREVER.  Some deadlines for notice are as short as 30 days.  Please contact the experienced maritime attorneys at the Holland Law Firm for further information:  info@allfela.com  1-877-ALL-FELA .