Cruise ships are popular vacation options for many individuals in the United States. However, many people do not realize that the Jones Act applies to cruise ships going to foreign ports.
The Jones Act is best known for allowing injured seamen to file claims against their employers for negligence. However, this section of the Merchant Marine Act also applies to cruise ships traveling between ports because the Act applies to commerce occurring at American ports or on United States waterways.
If you have more questions about the Jones Act and how it impacts cruise ships, you can talk to a Houston Jones Act lawyer.
How Attorney Brian White Personal Injury Lawyers Can Help You with a Jones Act Claim
Jones Act cases are far more complicated than typical personal injury cases. These cases often involve life-changing injuries and complex maritime laws.
Moreover, it can also be difficult to investigate and gather evidence of injuries that occurred offshore. You deserve a Houston personal injury lawyer experienced in maritime law to help you recover the compensation you need.
Attorney Brian White Personal Injury Lawyers has 45 years of combined experience handling complex maritime law cases. Founding attorney Brian White is nationally recognized and a member of the invitation-only Multi-Million Dollar Advocates Forum. He is a Board Certified Personal Injury Trial Lawyer.
Choose our law firm to represent you in your Jones Act case, and we will:
- Provide the sound legal advice you need
- Conduct a thorough investigation to gather evidence
- Build a case proving unseaworthiness to pursue additional compensation
- Ensure your claim is filed correctly and handle all communications and paperwork
- Negotiate with the insurance company on your behalf
- Take your case to court if a fair settlement offer isn’t made
Count on Attorney Brian White Personal Injury Lawyers to protect your best interests and fight for the compensation you deserve. Call our law office in Houston, Texas, today for a free consultation to discuss what we can do to help you.
For a legal consultation call (713) 500-5000
Cruise Ships and the Jones Act
The Jones Act, Section 27 of the Merchant Marine Act of 1920, requires U.S.-owned, built, and documented maritime vessels to transport merchandise between U.S. ports. Likewise, the Passenger Vessel Services Act (PVSA) places the same restrictions on the cruise industry. Only U.S. ships can transport passengers between U.S. ports.
The law makes it inconvenient for foreign ships to travel from the Hawaiian islands to other U.S. ports because they must find a foreign port of call to stop at before continuing to the U.S. port of call, such as Los Angeles. Therefore, foreign-flagged ships are not registered or operated under the laws of the United States.
Why is this important for injured cruise ship employees? The Jones Act does not apply to foreign-flagged ships. It only applies to cruise ships operating in the United States.
Therefore, employees of foreign-owned, built, and operated cruise lines do not enjoy the protections offered to injured seamen under the Jones Act.
Injuries Sustained by Seamen on Cruise Ships
Cruise line employees work long hours. Many cruise ship jobs are dangerous and stressful. Crew accidents and injuries are common.
The Jones Act protects cruise lines from foreign competition and protects seamen injured while working on a cruise ship. If a seaman is injured during the ordinary course of employment, the seaman can sue the employer for negligence.
The Merchant Marine Act is similar to workers’ compensation, but it works slightly differently. Seamen are not eligible for workers’ comp benefits under federal or state law. Instead, they must pursue compensation for on-the-job injuries through a Jones Act claim.
In addition, the law does not protect guests on passenger ships. If a guest is injured on a cruise ship, other maritime laws might apply in those cases.
Unlike a workers’ compensation claim, claims under the Jones Act are based on negligence. Winning a lawsuit requires the injured crew member to prove the following legal elements:
Duty of Care
You must prove that your employer owed you a duty of care to provide a safe workplace. Generally, this is known as providing a seaworthy vessel. Cruise ship employers must provide adequate training, safety equipment, and maintain the ship in a seaworthy condition.
Breach of Duty
The employer knew or should have known about an unsafe or hazardous condition but failed to correct it. For instance, an employer may breach the duty of care if it fails to repair broken stairs leading from the crew member’s quarters to the decks above.
Causation
The breach of duty must have led to or contributed to your injuries. The burden of proof for fault is lower in a Jones Act claim than in other personal injury cases.
You could win a Jones Act claim by proving your employer’s action contributed to your injuries. In other personal injury lawsuits, you must prove the defendant’s conduct was the direct and proximate cause of your injuries.
Damages
You must have sustained damages because of the breach of duty. Damages can include medical bills, physical injuries, lost wages, emotional distress, and pain and suffering.
Even though the burden of proof for a cruise ship Jones Act claim is lower, it is still wise to seek legal advice from a Houston maritime accident attorney. Your employer or its insurance provider might try to claim that you are partially to blame for the cause of your injury.
Contributory fault laws apply to negligence claims under the Jones Act. Therefore, if you were partially to blame for the cause of your injury, you could receive a lower amount for your damages. A maritime attorney can help you fight unjust comparative negligence claims designed to cheat you out of the money you deserve.
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How Do I Prove Negligence in a Jones Act Case?
To recover compensation through a Jones Act claim, injured workers are required to prove the captain, owner, or crew was negligent and responsible for their injuries.
There are many ways an employer can be found negligent and responsible for injuries under the Jones Act.
The following are common examples of hazards for which an employer may be liable:
- Improper maintenance of equipment on the vessel
- Failing to provide the crew with necessary equipment
- Inadequate training of crew
- Crew member negligence
- Crew member assault
- Cargo is not properly stowed
- Lack of proper hoists and elevators
- Lack of working fire suppression equipment and fire extinguishers
- Lack of adequate safety rails and guards
- Insufficient number of crew members
A court generally considers standards provided by OSHA, the U.S. Coast Guard, and maritime safety authorities to determine if an employer was negligent and failed to provide a safe workplace.
You are still entitled to recover compensation even if you are partially at fault for your accident. However, if your own negligence contributed to your injuries, the compensation you recover may be reduced accordingly. Your maintenance and cure benefits for lost earnings and medical treatment will not be affected even if you contributed to the accident.
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Who Can File a Jones Act Claim for a Cruise Ship Accident?
To qualify for compensation under the Jones Act, you must meet the definition of a seaman.
A seaman is:
- Someone who works on a “vessel in navigation.” This means the vessel is afloat, operating, capable of moving, and it is on navigable waters. You do not need to be working offshore, nor does the vessel need to be moving. It is considered “in navigation” while docked or moored as long as it is not in a drydock. An oil drilling platform does not meet this definition.
- Someone who contributes to the work of the vessel.
- Someone who spends a “significant” amount of time working on the vessel. At least 30% of your time must generally be spent on a vessel.
Thus, the Jones Act applies to employees on cruise ships, including, but not necessarily limited to:
- Captains
- Housekeepers
- Chefs, bartenders, and waiters
- Childcare workers
- Support service members
- Crew mates
- Engineers
- Maintenance and repair staff
- Entertainers
The law generally covers anyone working for the cruise line aboard the ship. However, the person must spend at least 30 percent of their work hours aboard the ship to be eligible to file a Jones Act claim.
What Compensation Can I Recover in a Jones Act Claim?
Injured workers can recover several forms of compensation through a Jones Act claim.
At a minimum, a successful Jones Act case entitles you to maintenance and cure benefits. In the case of unseaworthiness, you may be entitled to additional compensation.
Maintenance Benefits (Lost Wages)
The Jones Act and general maritime law entitle injured seamen to maintenance. This term refers to wages, room, and board, beginning when the worker leaves the ship until they reach Maximum Medical Improvement (MMI) or return to their job.
An employer must usually pay your cost of living as maintenance. This weekly rate covers housing, utilities, food, transportation, and other basic living costs.
Cure Benefits (Medical Care)
Injured seamen are also entitled to compensation for reasonable medical expenses in a successful Jones Act claim. These cure payments for medical treatment continue until you reach MMI.
Cure benefits can cover everything from surgery, emergency treatment, and doctor visits to medication, medical devices, and occupational therapy.
Unseaworthiness Compensation
The Merchant Marine Act of 1920 requires vessel owners to maintain their vessel in safe, seaworthy condition and provide a reasonably safe workplace. If the vessel, masters, crew, or equipment are found to be unseaworthy, an injured worker can recover compensation beyond maintenance and cure.
When the vessel is in unseaworthy condition, you may be entitled to:
- Pain and suffering
- Mental anguish
- Diminished earning capacity
An experienced Houston Jones Act attorney will help you investigate whether your vessel was unseaworthy.
Wrongful Death
Surviving family members of a deceased seaman may seek compensation under the Jones Act for work-related deaths. Under the Jones Act, a wrongful death action may be used to recover compensation for funeral expenses, lost wages, medical bills, pain and suffering, and loss of consortium.
How Long Do I Have to File a Jones Act Claim?
The Jones Act is a federal U.S. maritime law. However, it is still subject to a statute of limitations. In most cases, you have three years from the date of injury to file a lawsuit under the Jones Act. The deadline could be longer if you did not realize you were injured or if an occupational hazard or condition caused illness.
However, it is best to speak with a Houston Jones Act lawyer as soon as possible if you were injured while working on a cruise line. The longer you wait to file your claim, the more time the cruise ship has to correct the hazards that caused your injury. Furthermore, evidence may be lost or destroyed.
Wrongful Death Claims Under The Jones Act
Surviving family members might be able to seek compensation for damages if their family member died in a work-related injury on a cruise ship. Wrongful death claims filed under the Jones Act can compensate families for lost wages, funeral expenses, loss of consortium, and pain and suffering.
Contact Our Personal Injury Attorneys in Houston to Schedule a Free Consultation
If you or a family member was injured while working on a cruise ship, contact an experienced Houston maritime accident attorney for a free consultation. You may have the right to sue your employer to obtain compensation for your injuries and damages.
You have the right to talk with a lawyer about your maritime injury. Don’t let an insurance company or your employer pressure you to settle a claim without seeking advice from a lawyer about your legal rights. Call Attorney Brian White Personal Injury Lawyers today.
Call or Text (713) 500-5000 or Complete a Case Evaluation Form
