In order to be successful on a claim under the Jones Act, an individual must establish each of the following requirements.
First, the injured party must be a “seaman” under the Jones Act. Typically, most people who work primarily on boats, barges, or other types of watercraft qualify as seamen under the Jones Act.
Second, the injured party must have suffered an injury in the course of their employment. If the injury occurred while the individual was on the job, onboard the boat, barge or watercraft where they work, then this requirement is satisfied.
Third, the employer or ship owner must have acted negligently. A ship owner or employer must provide employees with a safe place to work. The work environment should be free from the types of risks that can unreasonably cause injuries.
Fourth, the employer or ship owner’s negligence must have caused the injury in some way. The employee must show that the negligence described in the third requirement contributed to the employee’s injury to some degree.
If you have questions about any aspects of the Jones Act please contact our office for more information.