Galveston Jones Act attorneys: Congress passed the Jones Act back in 1920 to provide federal relief to seamen and their families following the injury or death of s seaman in the course of duty. Congress intended for the Jones Act to give U.S. maritime workers the same rights and legal remedies as land-based workers. Some of the Act was modeled on, and incorporates tenets of, the Federal Employers’ Liability Act of 1908 (FELA), which was instrumental in helping railway workers obtain their legal rights.
One of FELA’s main tenets, and therefore a primary tenet too of the Jones Act, is that it provides legal remedies where employer negligence contributed at least in part to the injury or death of the seaman. Under the Jones Act, the negligence could be attributed to the employer directly, or to its officers, agents, or employees. So even where a fellow seaman caused a victim’s injury or death on the job, Jones Act remedies, including the possibility of a civil liability claim, are available.
When a seaman receives a fatal injury while on the job, the seaman’s personal representative or executor of the estate may file the Jones Act civil liability lawsuit claiming negligence.
The statute of limitations (filing deadline) for most Jones Act claims is within 3 years of the accident that led to the seaman’s injury or death. As the Jones Act is a federal statute, federal law applies. But claimants can file the lawsuit in either federal or state courts. You should consult your Galveston Jones Act attorney to determine the most appropriate venue before you file. Busy courtrooms do not take kindly to claimants wasting their time by filing in the wrong place.
The Jones Act gives seamen a federal remedy for their personal injury or wrongful death cases. The Act takes the place of the state workers’ compensation statutes relied upon by land-based workers. You should not that remedies received under a state workers’ compensation statute will generally limit or bar amounts you might otherwise have received under the Jones Act.
You should consult with your Galveston Jones Act attorney regarding the wisdom of making a workers’ compensation claim in order to avoid being barred from Jones Act remedies. Jones Act relief in many cases could provide a more substantial recovery for the injured worker. Courts often tend to interpret the Jones Act liberally and generously in order to ensure that injured seamen receive the intended relief for which the Act provides.
In a case where a seaman has been fatally injured, the surviving spouse, children, parents, or next of kin dependent upon the seaman could receive benefits under the Jones Act. The surviving beneficiary can file claims both for wrongful death damages based on the financial support they lost when the seaman died at work and for survival damages based on the pain and suffering and medical costs the seaman experienced from the injury prior to death.
In addition to your remedies that are available under the Jones Act after a seaman is injured or killed on the job, you might also be entitled to benefits from other maritime statutes, such as the Death on the High Seas Act. Contact the experienced Galveston Jones Act attorneys at Denena & Points with your questions after you or a loved one was injured or killed in the course of maritime employment. We have the answers you need to help choose among your available legal options and create a firm financial foundation for your family’s future following a needless tragedy at sea.