November 12, 2010

The Basics of the Jones Act

The Jones Act, which is also known as the Merchant Marine Act of 1920, is a federal law that regulates maritime commerce. Although most of the Act deals with rules about transporting cargo on U.S. ships that are built in the U.S and employ U.S. citizens, the Act also allows injured sailors to receive damages from their employers in the event of negligence by crew members, the ship’s owner or the captain.

Specifically, the Jones Act says that the laws that were in place that allowed railroad workers to recover for injuries would also allow sailors to recover. The United States Supreme Court clarified the Act by finding that in order to be considered eligible for recovery as a sailor under the Act, a worker has to spend 30 percent or more of his time working on a vessel in navigable waters. The sailor can sue in state or federal court, and is allowed to have a jury trial.

In order to recover under the Jones Act, a sailor must also be a U.S. citizen or a permanent resident alien. The sailor also cannot be an employee of an oil company. However, the oil company employee can recover if injured while transporting some resources or while on a vessel that is designed for carrying oil in bulk.

If you have been injured while serving as a sailor and you think you may be eligible for recovery under the Jones Act, contact the Jones Act attorneys at Page Law. In addition, the families of those sailors who are killed while working on a ship may be able to recover damages under the Jones Act. Call us today for a free consultation at 314-322-8515.

May 29, 2009

Maritime Laws and American Waterways Operators

The American Waterways Operators (AWO) requires its members to follow general maritime laws and practices regarding marine operations, maintenance, and safety.

The AWO's program requires that companies, who belong to their organization, comply with certain safety regulations and obtain a third party audit to verify compliance with those AWO guidelines. Such regulations include adequately training workers, providing adequate lighting, and keeping the barges free of debris or gravel. An employer's failure to do such can lead to a finding of “unseaworthy" or negligence.

Laws specific to the maritime industry, such as the Jones Act, govern marine workers' rights. The Jones Act is somewhat similar to workers' compensation laws (although they follow different paths in the legal system) because it provides injured marine workers with payment of lost wages and medical expenses after a work-related injury. It allows marine workers to obtain damages from their employers for negligence of the ship-owner, captain, or fellow crewmembers.

As a law firm with experienced Missouri maritime lawyers and personal injury attorneys, Page Law is happy to discuss your case with you and answer any questions you may have. If requested, we will immediately and aggressively take action on your behalf.

The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.

If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.BargeAccidentLawGroup.com for more information.