What is a ‘Jones Act Seaman’ and how does it affect my claim?
A ‘Jones Act Seaman’ is a term used to describe a worker who is employed by a business that operates a vessel in navigable waters. This includes workers who work directly on the vessel, such as crew members or maintenance personnel, as well as those who work in some other capacity onboard such as a cook or deckhand. The Jones Act is a federal law that allows seamen who are injured in the course of their job to make a claim for damages against their employer. This act provides seamen with greater protection than non-seamen have under general negligence law. Under the Jones Act, seamen have the right to seek damages for their injuries and medical expenses, as well as for pain and suffering, if their employer was negligent in providing a safe work environment. This means that if their employer failed to maintain the vessel in a safe condition, to provide safety training, and/or to take other reasonable steps to protect the seaman’s safety, then the employer can be held liable for any injuries sustained by the seaman. In Washington, seamen can make a damage claim under the Jones Act. However, in order to do so, they must prove that they were employed in a capacity that qualified them as a Jones Act seaman, and that their employer was negligent in providing a safe work environment. If a seaman can prove these two points, then they can receive compensation for their injuries.
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