How the Jones Act Impacts Cruise Ship Injury Claims

If you are a crew member who suffered injuries while working on a cruise ship, the Jones Act provides legal protections for you. This federal law provides qualifying seamen the right to file a lawsuit against their employers for on-the-job injuries that occurred due to negligence. 

Injured cruise ship workers generally do not qualify for workers’ compensation, so this law provides key protections when they need help paying for medical care and lost wages. The Jones Act also allows injured workers to seek damages for pain and suffering. 

Working with a Florida cruise ship accident lawyer can help you handle this complex process and secure compensation for your injuries.

Understanding the Jones Act and How It Affects Injured Cruise Crew

46 U.S. Code § 30104 is a part of the Merchant Marine Act of 1920, also known as the Jones Act. It is a U.S. law that regulates how domestic vessels operate on the open ocean. This includes dealing with maritime commerce, salvage, and employment. Under this law, injured maritime workers can sue their employers in court for negligence. 

If you were hurt while working on a cruise ship that departed from a U.S. port, stopped in the U.S., or is owned by a U.S. company, you likely have a right to pursue compensation from your employer for your onboard injuries. A Fort Lauderdale maritime injury lawyer from our team can review your case for free. 

Who Qualifies to File a Lawsuit Under the Jones Act?

To file a claim under the Jones Act, the injured party must be a qualifying seaman based on the applicable statutes and case law. In general, this means: 

• You must perform necessary work aboard a vessel that operates on navigable waters
• You must spend a substantial part of your time working aboard the vessel or other vessels in the fleet

Because most cruise ship workers spend a lot of their time on tasks to keep the boat functioning properly and do not perform much work for the employer off the boat, they usually fit this definition. These seamen include kitchen workers, entertainers, housekeeping staff, deckhands, and engineers.

What Kind of Injuries Might Support a Jones Act Claim?

The Jones Act applies to any injury that happens while the worker is aboard the vessel, which could include things within your job duties or outside your usual tasks. Some examples could include: 

• Slipping and falling in crew hallways or stairwells
• Tripping over hazards in the walkway
• Being assaulted by another employee
• Injuries caused by faulty equipment
• Exposure to toxic chemicals 
• Illness from unsanitary conditions
• Accidents due to long shifts or understaffing

When the negligence of your employer or another staff member causes your injuries, you likely qualify to file a Jones Act case. 

How Is Negligence Proven Under the Jones Act?

You must prove negligence occurred and caused or contributed to your injuries to win a Jones Act claim. Success generally requires providing evidence that the employer failed to provide a reasonably safe work environment. Examples of negligence on a cruise ship could include: 

• Failing to train staff to perform necessary tasks or use safety gear
• Not providing safe equipment or protective gear
• Ignoring safety complaints or known hazards
• Requiring excessive hours without rest
• Understaffing or using untrained staff to fill gaps as necessary
• Failing to break up fights or prevent assaults

In most cases, the cruise line is both the boat owner and employer. If this is not true in your case, your maritime law attorney will help you understand how fault and liability work in a Jones Act case. 

What Compensation Is Available for Cruise Ship Injuries Based on a Jones Act Claim?

The Jones Act allows injured seamen to recover a wide range of damages, including those that might not be available to most injured workers covered by local workers’ compensation laws. These damages could include:

• Medical care and related expenses for emergency evacuation, hospitalization, surgery, rehabilitation, and future care needs
• Lost wages and other income while away from work
• Diminished earning capacity if they cannot return to their previous career
• Pain and suffering from physical discomfort and emotional distress 
• Other non-economic damages

When your team of maritime lawyers handles your Jones Act claim, they will document your injuries, expenses, and losses related to the accident. This documentation provides a solid foundation for seeking and securing maximum compensation based on the case facts. 

Why You Should Speak to a Maritime Injury Lawyer About Your Cruise Ship Injuries

The best way to learn about your rights and legal options if you are a worker hurt on a cruise ship is to discuss what happened with a Florida personal injury lawyer who handles Jones Act claims. These cases are complex, and you will want a legal team on your side who understands the process, your options, and how to recover compensation for you. 

Your lawyer will need to understand how to deal with maritime law, complex employment contracts, jurisdictional disputes, foreign-flagged vessels, and insurance carriers that cover cruise lines. They can help you determine if you qualify to file a Jones Act claim, develop a case based on negligence, and pursue compensation. 

However, you only have a short time to act. Generally, you might have up to three years to sue based on the Jones Act. However, many cruise ship contracts include shorter deadlines or notification requirements that could limit your rights. Act quickly after your accident to protect your rights.

Discuss Your Cruise Ship Injury and the Jones Act With Our Team

If you were hurt working on a cruise ship, consult our maritime injury team today. We understand the Jones Act, injury claims, and the cruise industry. At Chalik & Chalik Injury Lawyers, we help injured cruise line crew seek and secure compensation based on their injuries. We provide free consultations. Contact us and start working with our founders on your claim today. 

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