Cruise Ship Worker Injuries: When Does the Jones Act Apply?

Cruise ship workers may work long hours and have to deal with constantly changing conditions. Some of these positions are very demanding, leading to accidents and injuries.

When a cruise ship worker is hurt on the job, they may not have access to workers’ compensation. Instead, they may have to rely on the Jones Act to provide legal protection and offer them a path to secure compensation. 

If this happens to you, a Florida cruise ship accident lawyer familiar with worker injury cases can assess your options and determine if the Jones Act is the best way to get justice, hold the cruise line accountable, and secure a payout for your medical expenses, lost income, and other damages. 

Understanding the Jones Act and Maritime Law

Officially known as a component of the Merchant Marine Act of 1920, the Jones Act is a federal law that provides legal protection for seamen injured while working on the open ocean.

This law allows injured maritime workers to sue liable parties for damages caused by negligence or the vessels being unseaworthy.

In most cases, the liable party is the ship worker’s employer, the cruise line. The Jones Act allows them to hold their employer legally responsible and recover money to pay for their treatment, therapies, and other necessary care related to their injuries. They can also demand compensation for their lost income and other damages. 

Which Cruise Ship Workers Are Covered Under the Jones Act?

Under 46 U.S. Code § 30104, the Jones Act only applies to seamen. Maritime employees must meet certain criteria to qualify as seamen under this federal law. This includes: 

• Working on a vessel in navigation, which includes cruise ships that operate on the open ocean
• Spending a significant amount of time working on the vessel, which should apply to any cruise ship worker
• Having a direct connection to the ship’s operation or a role that involves navigating or servicing the ship

In general, cruise ship crew members qualify under the Jones Act, while land-based employees of the cruise line do not. If you serve on a ship as a deckhand, cabin steward, waiter, chef, engineer, or entertainer, you may qualify to file a lawsuit against the cruise line under the Jones Act.

What Injuries Does the Jones Act Cover?

The Jones Act covers a wide range of injuries that could occur while working on a cruise ship. Some accidents and injuries covered by this law include:

• Slips, Trips, and Falls: Accidents caused by wet surfaces, poorly maintained decks, or uneven flooring could cause injuries covered by the Jones Act. A Florida slip and fall accident lawyer familiar with the Jones Act could help you build a fall injury case.
• Heavy Lifting Injuries: Seamen could suffer strains and sprains due to lifting heavy equipment, luggage, or food supplies. 
• Falls Overboard: Falls overboard and other fatal injuries are possible. Workers on deck are at an increased risk of going overboard. 
• Machinery Accidents: Malfunctioning or poorly maintained equipment, such as kitchen machinery or engine room tools, can cause serious injuries to workers.
• Violence or Assaults: Assaults by passengers or other crew members can be grounds for a Jones Act claim if the cruise line fails to protect them by not providing adequate security.

In general, if you meet the criteria for being a seaman and the injury occurred due to negligence, unseaworthiness, or failure to maintain safe working conditions, it likely falls under the Jones Act.

What Are the Legal Requirements for Filing a Jones Act Claim?

Your Florida personal injury lawyer will handle developing and filing your Jones Act claim. As a part of this process, they will gather evidence to show one of the following occurred: 

Negligence of the Employer or Co-Workers

Examples of cruise line negligence may include:

• Failing to maintain a safe working environment 
• Inadequate training
• Lack of proper safety procedures
• Failure to provide adequate medical treatment when necessary
• Careless or reckless behavior of a co-worker

Unseaworthiness of the Vessel

Unseaworthiness refers to any condition or defect on the cruise ship that makes it unsafe for workers. This situation could involve:

• Faulty equipment
• Lack of proper safety equipment
• Unsafe working conditions, such as poorly lit areas

What Types of Damages Can You Recover Under the Jones Act?

A successful Jones Act case allows an injured seaman to recover money for a range of costs and losses. These damages include:

• The cost of all medical treatments, surgeries, and rehabilitation related to the injury
• Compensation for the time the worker is unable to work due to the injury
• Compensation for physical pain, emotional distress, and diminished quality of life caused by the injury
• Future lost earnings if the injury affects the ability to earn a living in the future
• Maintenance and cure, which includes daily living expenses and medical treatment until the worker reaches maximum medical improvement

How Long Do You Have to File a Jones Act Claim?

As a federal law, the Jones Act deadline comes from a federal statute of limitations. Generally, you could have up to three years to file this type of legal action. This extends the two-year deadline usually set by Florida law under Florida Statutes § 95.11. 

Still, you should act as quickly as possible to enlist the help of a maritime attorney if you are an injured cruise ship worker. You want to ensure there is time to preserve as much evidence as possible and file the case before the time limit expires.

Talk to Our Team About Your Cruise Ship Injury Today

As an injured cruise ship worker, you may have the right to seek compensation under the Jones Act. At Chalik & Chalik Injury Lawyers, we can help you understand your legal rights and pursue the compensation you deserve.

Debi Chalik and Jason Chalik have been helping injured workers since 1995. Contact us today for a free consultation with our team. We can assess your options and discuss how our cruise ship injury lawyers approach these cases.