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Jones Act Attorney

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If you’re a seaman and you’ve suffered an on-the-job injury, it is critical that you immediately contact an experienced Jones Act lawyer such as the attorneys with Lipcon, Margulies & Winkleman, P.A. . LM&W, P.A.’s team of more than a dozen attorneys have nearly 200 years of combined experience and have helped our clients obtain more than $300 million in awards and settlements. Our expert maritime lawyers have appeared more than one hundred times on ABC, NBC, CBS, CNN, Fox News and other major national and international programs because news networks know our firm is the undisputed authority on all matters involving maritime law.

What Is The Jones Act?

The Jones Act is a federal law passed in 1920 designed to protect seamen who suffer harm while performing their jobs. Before the Jones Act became law, seamen could only collect damages from a ship owner if they were hurt because a vessel was deemed unseaworthy. They couldn’t pursue compensation due to the negligence of a member of the crew, or the ship’s master.

But the Jones Act changed all of that. There are now several different ways in which a seaman who can prove negligence can be compensated for losses that occur due to an injury. For example, an injured maritime worker can recover money where the employer fails to provide a reasonably safe workplace

Even if the worker is hurt while away from the vessel, he or she may still be able to pursue compensation. If, for instance, the employee is hurt in a hotel paid for by the employer, and the injury occurred due to the negligence of hotel staff or management, the worker may be able to successfully pursue a Jones Act lawsuit.

Simply put, the Jones Act is extremely favorable for the crewmember and with the right, experienced attorneys on your side, your chances of obtaining a successful resolution are high.

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A Cloudy Definition

While the Jones Act offers substantial protection to maritime workers, you have to be considered a “seaman” in order to qualify to take legal action under the Act. However, the Act doesn’t define that term – it leaves that definition up to the courts.

In general, you will probably be considered a seaman if you spend 30 percent or more of your time at work on a seafaring vessel. Seamen typically include shipmasters, officers, captains and members of the crew.
You should talk to LM&W, P.A. to find out for sure if you’ll be able to file a Jones Act lawsuit.
If you are eligible to take legal action, then you may be able to pursue compensation for a wide range of different types of negligence on the part of a vessel’s master or owner. These are just a few examples:

The Potential for Punitive Damages

Punitive damages are typically much greater than those usually awarded in a lawsuit. The reason is that they’re designed to “punish” the defendant, and change the defendant’s behavior. There is a chance you may be able to obtain punitive damages through a Jones Act lawsuit, but this is generally reserved for unique situations where the conduct of the shipowner or employer is particularly heinous.
One particular place where punitive damages are often awarded is in failure to provide maintenance and cure cases. In order to understand whether or not you will be eligible for punitive damages, it is important to understand the term “maintenance and cure.” This term applies when you are injured, regardless of the fault of the employer, and it provides a daily living allowance for room and board and also the obligation to pay for medical expenses until the point of maximum medical improvement (“MMI”) has been determined by a treating doctor.

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You Need to Take Action Before the Statute of Limitations Runs Out

As with many kinds of lawsuits, there is a statute of limitations associated with Jones Act legal action. The statute of limitations is basically a deadline for filing a claim. Once that deadline passes, you can no longer sue. Jones Act lawsuits generally must be filed within three years of the date that the injury occurred, or three years from the date when a reasonable seaman would have known about the negligent conduct that caused his or her injury.

The Jones Act Claims Process

In order to have your best chance of winning a Jones Act lawsuit, you’ll need the help of a skilled attorney with LM&W, P.A. This is a very complex area of the law, but we have decades of experience, and we have an unparallel record of success for our clients.
This is a very brief look at the process of filing a Jones Act claim. Get in touch with us to learn more.
First, you should immediately report the injury to your employer.
Get the medical treatment you need for your injury. Ask your doctor for a detailed report of not only the injury, but also the treatment you need.
You’ll likely be asked to provide details of the accident for your employer’s report, but don’t do so until you speak with one of our Jones Act lawyers. There’s a chance your employer could use your statement against you.

How a Jones Act Lawyer with LM&W, P.A. Can Help

The Jones Act lawyers with LM&W, P.A. will be happy to go over your case in great detail and answer any questions you may have. We are the premier maritime law firm in the country, named “Lawyer of the Year in Admiralty and Maritime 2020” by US News & World Report. When you turn to us, you’ll be working with a law firm that is known for compassion, integrity and excellence. We will fight passionately to ensure your rights are always protected, and we will work tirelessly to obtain the maximum compensation available under the law.

How The Jones Act Differs From Maritime Law

The terms “Jones Act” and “maritime law” are often used together, sometimes even interchangeably. However, maritime law and the Jones Act are two distinct legal terms. Put simply, maritime law—also called admiralty law—is an entire area of law that deals with a variety of incident types and failures to observe industry regulations. The Jones Act is only one part of maritime law.
The Jones Act is an aspect of maritime law that deals specifically with the rights of seamen who suffer personal injury or harm while working on ships traveling navigable waters. Maritime law, as a whole, governs all kinds of seafaring industry issues, such as environmental harm, financial fraud, and contractual disputes.

Who And What The Jones Act Covers

In order to be considered a “Jones Act seaman,” you don’t have to work in any particular position on a ship—you simply need to be involved in working with a vessel operating on navigable waters. Everyone who works on such a vessel is legally covered by the Jones Act, from deckhands to kitchen staff.

In 1995, the Supreme Court case of Chandris, Inc., v. Latsis defined a Jones Act seaman as any employee who spends more than 30% of his or her time working on a vessel operating on navigable waters. If you are still uncertain whether you are considered a seaman under the Jones Act, the Jones Act attorneys of Johnson Garcia LLP in Houston can help you make that determination.
Jones Act accidents include any personal harm that an employee suffers as a result of employer negligence. The following are just a few examples of situations that warrant Jones Act claims:

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Legal Representation For Jones Act Seaman?

If you’re a Jones Act seaman in the Houston area who has been harmed while working on a vessel on navigable waters, you should absolutely have legal representation from a Houston Jones Act attorney. Regardless of whether the negligence on your employer’s part is obvious or indirect, your Houston Jones Act lawyer will fight for the damages you need to cover things like medical bills, lost income, medication costs, etc.

At Johnson Garcia LLP, we leverage 30+ years of combined legal experience to represent Houston area seamen in a variety of Jones Act cases. We know that when you’re recovering from an injury, the last thing you need is another expense. That’s why we operate on a “no recovery, no pay” basis; if we can’t recover damages for you, you don’t pay us a dime

How The Jones Act Helps Injures Maritime Workers

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal statute designed to support and promote the American Merchant Marine while also providing important protections to sailors and crew members who are injured in the course of their employment. Prior to the passage of the Act, seamen who were injured, became sick, or died at sea had little if any recourse because they were not able to hold their employers accountable for work-related accidents and injuries. With the passage of the Jones Act, injured seamen gained important legal rights. They are now able to file a negligence lawsuit against their maritime employers for work-related injuries.

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FAQ Question

Who wrote the Jones Act?

The Jones Act was introduced by Wesley Jones, the U.S. Senator from the state of Washington, who designed the legislation to give his state a monopoly on shipping to Alaska. It was enacted by the United States Congress to stimulate the shipping industry in the wake of World War.

What is the Jones Act seaworthy?

If a vessel is not in safe and working order, an injured seaman may make a claim under the Jones Act of unseaworthiness and seek damages. This is considered negligence because a ship that is unseaworthy is the owner's responsibility.

What is the Jones Act for crew injury?

The Jones Act and similar laws seek to provide maritime workers with the help they need after a workplace injury. When accidents lead to time away from work, missed wages, medical expenses, and other costs and losses, these laws help workers to: Pay for medical treatment. Take time off from work to heal.

What is the Jones Act in Texas?

The Jones Act allows an injured seaman to sue his or her employer for negligence and to receive fair compensation for medical costs, physical pain, disfigurement, mental anguish, physical limitations, and loss of earning capacity.

Who instituted the Jones Act?

On March 2, 1917, President Woodrow Wilson signed the Jones-Shafroth Act. This law gave Puerto Ricans U.S. citizenship.

What is another name for the Jones Act?

The Merchant Marine Act of 1920, better known as the Jones Act for its original sponsor, Washington Sen. Wesley Jones, is a federal law regulating cabotage, or naval transport in U.S. coastal waters and between domestic ports, as well as other aspects of the maritime industry.

How many Jones Act tankers are there?

The Jones Act distorts natural gas markets because there are zero Jones Act-compliant LNG tankers in the world.

What is the Jones Act on oil?

Passed in 1920, the Jones Act restricts the domestic waterborne transportation of goods—including energy products—to vessels that are U.S.-flagged and built as well as mostly U.S.-crewed and owned.

What is AFT on a boat?

The forward of a ship is just as it sounds: It's the most forward side, at the front of a cruise ship, facing the bow. The rear of a ship, at the direction of a ship's stern, is called the aft.

What is the Jones Act in Hawaii?

The 1920 Jones Act requires that all cargo transported between U.S. ports be on ships that are U.S. flagged, built and mostly owned and crewed by Americans. It is well known that the act adds to Hawaii's high cost of living, but what had been lacking — until now — were figures of just how much.

What was the first Jones Act?

The Jones Act, passed by Congress in 1920, says that only U.S.-flagged ships can move cargo from one point in the United States to another. The ships must have been built in the U.S. and be crewed by Americans

What is the Hawaii Organic Act?

Congress approved an Organic Act in 1900 to give Hawaii territorial status and provide a territorial government. The Organic Act permitted Hawaii one nonvoting delegate to the U.S. House of Representatives. Hawaii's first delegate, Robert W. Wilcox, served from 1900 to 1903.

What is Act 26 Hawaii?

Act 26 started in 2020, redirecting people with serious mental illness into treatment programs instead of taking up space in already overcrowded jails.

What is the Jones Act statute of limitations?

Generally, the statute of limitations for filing a Jones Act claim is three years from the date of injury or illness. However, if you file a claim related to intentional misconduct, you may have up to six years from the date of injury to file the lawsuit.
Additionally, if a deceased maritime worker's family members wish to bring a wrongful death suit under the Jones Act, they generally have one year from the date of death.

How can a Jones Act attorney maximize my benefits after I was injured?

The Jones Act provides many important benefits to workers and employers. For employees, it offers job security, fair wages, and the right to seek financial compensation if they are injured while on the job.
Employers benefit from liability protection, as well as compliance with safety regulations that can help prevent injuries and fatalities in the workplace. The law also provides greater flexibility for employers regarding hiring practices and labor regulations for every maritime worker.
The Jones Act ensures a more level playing field between businesses operating in US waters by outlawing foreign vessels from engaging in domestic maritime traffic.

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Who invented Jones law?

Congressman William Jones authored the bill which replaced the Philippine Organic Act of 1902.

What is the Jones Act and Guam?

That century-old law is the Jones Act of 1920, which mandates that all cargo shipping between U.S. ports occur only on U.S.-flagged vessels, and not foreign vessels. The Jones Act is widely credited with artificially inflating the cost of shipping goods to Guam, other U.S. territories and the state of Hawaii

What did Jones invent?

Frederick Jones invented the first successful system for mobile refrigeration. His invention eliminated the far less effective use of ice and salt to preserve foods for transport, greatly extending the distance over which food could be successfully delivered.

Who made the fridge?

In 1913, American Fred W. Wolf invented the first home electric refrigerator, which featured a refrigeration unit on top of an icebox. Mass production of domestic refrigerators began in 1918 when William C. Durant introduced the first home refrigerator with a self-contained compressor.

Does Jones Act apply to Virgin Islands?

For national security and commercial reasons, historically, the Jones Act has restricted water transportation of cargo between U.S. ports to ships that are owned, crewed, registered, and built in the United States. As a protectorate of the United States, however, the U.S. Virgin Islands is not bound by the Jones Act.

Does Jones Act apply to Virgin Islands?

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Who invented the ice box?

Today, Moore is best remembered for inventing an icebox for which he became the first to bestow the name refrigerator. Moore 's grandfather, James Moore was a Quaker who lived most of his life in Waterford , Ireland .

Can you be president if born in Virgin Islands?

This same CRS report also asserts that citizens born in the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands, are legally defined as "natural born" citizens and are, therefore, also eligible to be elected president.

Who used ice first?

We know that as far back as the Bronze Age (roughly 1750 B.C.E) the Akkadian people of the Euphrates River built large 'ice houses' for storing ice that they collected from the snowy mountains. They recorded on stone tablets that this ice was used during the summer months to drink.