What is the difference between a Jones Act claim and a maritime personal injury claim?

Under maritime law, two of the most common types of claims for maritime injury are personal injury claims and Jones Act claims. A maritime personal injury claim is a form of negligence claim that may be brought by an injured seaman against the vessel’s owner and crew. It is based on the theory that the vessel owner and crew had a duty to provide a safe work environment and that their negligence resulted in the injury. In such cases, a seaman may be able to receive compensation for pain and suffering, medical bills, lost wages, and possibly punitive damages, depending on the circumstances. A Jones Act claim is a form of negligence claim available only to crew members of vessels. It is based upon the principle that the owner of a vessel has a responsibility to provide its crew with a seaworthy vessel, with competent personnel, and with proper equipment. In Jones Act cases, the injured worker may be able to receive compensation for pain and suffering, medical bills, lost wages, and possibly punitive damages. The key difference between the two types of claims is that a maritime personal injury claim is available to any maritime worker, whereas a Jones Act claim is only available to crew members of a vessel. Additionally, the theory of negligence in a Jones Act case is slightly different than in a personal injury case. In a Jones Act claim, the injured worker must prove that the vessel was not “seaworthy”, whereas in a personal injury claim, the injured worker must prove that the vessel owner or crew was negligent.

What is the difference between a Jones Act claim and a maritime personal injury claim?

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