Jones Act Seaman's Claims
Crew members who meet the "seaman status" requirements under U.S. admiralty law are afforded special rights and remedies unlike other workers. One of the most important distinctions between a seaman and all other employees is that a shoreside employee is generally barred from suing his or her employer, with rights and recovery limited to what is available under his or her state's Workers Compensation Act. On the contrary, one who qualifies for "seaman status" may sue his or her employer under a Federal Statute called the "Jones Act". Jones Act Seamen possess the unique right to bring various other claims not available to shoreside employees, such as: strict liability claims for unseaworthiness against a yacht or shipowner, regardless of the owner's awareness of the dangerous condition, claims for maintenance and cure when he or she has been injured or fallen ill while on duty aboard the vessel (regardless of fault), unearned wages, earned wages, wrongful discharge from employment, and breach of contract. Jones Act seamen are afforded these and other special rights in recognition of the perils and hazards associated with their shipboard duties. Each of these claims requires proof of specific elements; a failure to prove even just one of which can result in dismissal of your entire claim. If your claim is dismissed, you will not get compensation for your injuries. At Munch and Munch we have over 30 years experience working with Jones Act Seaman's claims. We know what needs to be proven and how to prove it. If you have been injured on the job and believe you may qualify for seaman's status, call 813-254-1557 or email us and let us help you protect your unique rights and get you the compensation you deserve.