Persons injured in maritime situations may have legal rights under the General Maritime Law, 33 U.S.C. 905(b) or the Jones Act, 46 U.S.C. Sec. 30104 to recover monetary damages for their losses and injuries.
In 1920, Congress enacted the Jones Act to create a legal remedy for ship personnel injured by the negligence of their employer. This is known commonly as the “Jones Act.” The purpose of the Jones Act is to protect maritime vessel employees who work in inherently dangerous environments. It is not a workers’ compensation law and it requires a showing of employer negligence, however slight, in order for the injured seaman to recover monetary damages.
The Jones Act is a special law of our nation that protects “masters and crew members of vessels in navigation.” Those “masters and member members” frequently are captains or crew of tug or push boats, crewboats, offshore supply boats and other watercraft. The legal definition of “vessel in navigation” has been interpreted and re-interpreted over the years by our courts, and sometimes a conveyance or watercraft will be considered by the law as a “vessel in navigation” even if one would not commonly think of it as such. This is especially true in the offshore oil and gas industry.
Maritime injury law involves such concepts as “maintenance and cure,” “vessel unseaworthiness,” other special terms.
33 U.S.C. Sec. 905(b) provides a legal remedy for longshoremen who are injured through third-party (that means persons or entities who are not their employer) vessel negligence. This may include longshoremen who are injured through the negligence of those owning or operating a vessel that the longshoreman is loading or unloading. It can also involve other situations.
Frequently situations involving maritime personal injury are complicated. It is best for you to retain an attorney who is experienced in handling maritime personal injury matters. The Clayton Law Firm, LLC can provide you with that legal representation. We will gladly provide you with a free consultation to evaluate your potential maritime personal injury claim.
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