How the Jones Act Applies to Spinal Cord Injuries for Seamen
The Merchant Marine Act of 1920, known as the Jones Act, extended rights granted to seamen by the Federal Employer’s Liability Act (FELA). (“Seamen” under the Jones Act refers to the individual, regardless of gender.) This law allows you to file a lawsuit against your employer if you sustained an injury while working at sea.
You could also pursue compensation if your spinal cord injury were due to the ship or boat being unseaworthy. However, it’s critical to note that the Jones Act and the unseaworthiness doctrine are the only two paths for a seaman to pursue compensation for a personal injury.
To claim under the Jones Act, you must have spent 30% of your time working on a vessel “in navigation,” and that work must contribute to the work or operation of the vessel. Our spinal cord injury lawyers will explore your eligibility during your initial consultation.
Maintenance and Cure Claim
Once we determine your spinal cord injury is work-related, we’ll help you file a claim for compensation that covers your living expenses and medical costs—your “maintenance and cure” under general maritime law.
Statute of Limitations
The Jones Act establishes a three-year statute of limitations for filing a claim.
Negligence Claim
If your employer’s negligence contributed in any way to your spinal cord injury—which can include negligence by the vessel’s owner, captain, or other crew members—you could file a claim that covers more than just “maintenance and cure,” such as:
- Lost wages from the time of your injury. This category also includes the difference in wages if you had to take a lower-paying job, or lifetime wages if you can no longer work.
- Medical costs beyond what you may have collected from a maintenance and cure claim, including long-term care, rehab, in-home care, and adaptation of your home or vehicle if your needs and abilities have changed.
- Pain and suffering, both current and projected.
Loss of companionship.
