There are two bodies of law that are responsible for governing injuries that occur offshore. Do you know what those laws are? The Jones Act and general maritime law.
When a ship or any other vessel is at sea, there are some rules that will apply to these vessels as if they are they are still on land. Some rules will be recognized and complied with internationally, and others will apply to specific countries. One of the rules that have been enacted in the United States is known as The Jones Act. The purpose of the Jones Act is to protect the safety and the lives of the individuals who are working or traveling at sea.
The Jones Act is a federal regulation that was made into law as a means to protect U.S. passengers and cargo aboard ships in the United States. The Jones Act also forbids the transport of cargo to or from a United States port if the vessel was not properly constructed by citizens in the United States. The federal regulation of the Jones Act will also ensure that every vessel will be in accordance with the U.S. Customs and Border Protection regulations.
Cruise Ships and Injuries
We have all seen the commercials and other advertisements for cruise ships, and the advertisements make everything seem fun and exciting. Despite the advertisements that showcase the beautiful sunshine, the water, and all the activities that will be available aboard the ship, cruise ships are not always fun for everyone. There are many injuries, illnesses, and accidents that can plague cruise ships.
What type of passenger injuries are common on cruise ships?
- Being tossed by the rough waters on the sea
- Food poisoning
- Tripping, slipping, and falling
- Being hit by a thrown or falling object
Unfortunately,, passengers aboard cruise ships can become the victims of assault, theft, and other crimes.
What Rights Do Passengers On Cruise Ships Have?
Under the injuries and situations listed above, the general maritime law would apply. Under the general maritime law, shipowners have a responsibility to provide reasonable safety and care for their passengers. Shipowners are supposed to avoid creating or allowing dangerous situations without having the means to rectify the conditions.
Anyone who becomes injured or ill and believes it is due to a shipowner’s negligence would need to seek the assistance of a maritime injury attorney. There is a three-year statute of limitations that apply under the general maritime law.
Did You Suffer An Injury While Working At Sea?
The Jones Act regulates nearly all offshore injuries to the crewmembers. It does not matter if you were working on a cargo ship, a cruise ship, a fishing boat, or any other type of vessel, the Jones Act will govern the responsibility and obligations of your employer in the case of an illness or injury.
If a seaman is injured aboard the ship, the Jones Act will ensure that the employer will pay for wages, expenses, and transportation until you are able to return to land, and then you would be paid what is known as maintenance and cure. The costs established for maintenance should be enough to cover reasonable room and board while you are seeking medical care. The cure payments should be enough to cover the medical care you will need to receive so you can be medically cleared to return to work or until you have reached the highest level of medical improvement.
A maritime attorney can help assure that an employer will not attempt to block you from receiving the medical costs or the costs of room and board. A maritime attorney will also help to determine what contributed to the injuries, such as unseaworthiness or negligence.
How Can You be Compensated For A Maritime Injury?
Louisiana has one of the largest maritime industries that you can find in the United States. Maritime workers have the right to take advantage of the Jones Act(also known as the Merchant Marine Act of 1920). The Jones Act, unlike some other bodies of law, allows a worker who becomes injured to sue the employer for negligence while at work. Every employer has the duty to exercise caution and care by providing a work environment that is safe and comfortable. It is essential that proper training and adequate equipment or prevalent in the workplace.
The Jones Act will allow you to sue your employer for the following:
- Lost wages and future lost wages
- Mental pain
- Pain and suffering
- Emotional anguish
Will You Be Covered By The Jones Act?
The Jones Act, unlike the workers’ compensation law, will allow an injured employee to recover more than he or she would under the workers’ compensation law. The Jones Act will apply to employees who have been injured in the service of one vessel or multiple vessels, but only when they add to the mission of the vessel. Under the Jones Act law, a vessel will include the following:
- fishing boat
- tugboat
- utility boat
- troller
- ships
- river casino
If an injured worker was working aboard one of these ships and others and provided a significant contribution to the mission of the vessel, he or she will be entitled to sue the employer, owner, or co-workers for the injuries that resulted from negligence. Anyone who spends more than 30 percent of his or her time on a distinguishable vessel or fleet of vessels may be recognized as a seaman, even if the individual was hurt while being on land. A Jones Act seaman will not lose the name of seaman just because the injury occurred while being on land.
If you were hurt as a passenger on a Louisiana cruise ship or in the course of your responsibilities as a seaman or member of a crew, we encourage you to seek the entitled compensation for your injuries. Ever offshore lawsuit or Jones Act lawsuit will be different, and it will require the assistance of someone who is versed in the litigation of these cases. Do you feel that you meet the definition of a “seaman” and you were aboard an identifiable vessel when you were injured? A successful offshore lawsuit under the Jones Act could result in damages for current and future medical costs, lost wages, and other types of relief.