Wilmington Jones Act Lawyer

Jones Act Cases

At Rhine Law Firm, P.C., our maritime lawyers are committed to assisting injured seamen seek full compensation for damages after an injury, or assisting families who have lost a loved one who died working in this industry. These cases are governed by maritime law, also called “Admiralty law.”

Who Can File a Claim Under the Jones Act?

To be eligible for compensation under the Jones Act, the injured person must meet the minimum eligibility requirements to meet the legal definition of a “seaman.” These requirements are that the injured person spent at least 30% of his or her work schedule serving offshore, and that his or her duties contributed to the functioning of a U.S. flagged vessel.

Those who meet the eligibility criteria hold the right to file a personal injury claim under the Jones Act for injuries sustained while performing duties of offshore employment. The statute of limitations extends three years from the date of injury or death in which to file a claim.

Grounds for Filing a Negligence Claim in North Carolina

The Jones Act makes it possible for injured seaman to recover compensation when acts of negligence caused the injury or death. The types of negligent acts include the following:

• Failing to provide reasonably safe working conditions. These can include issues such as improperly maintained equipment, slippery or oily walking surfaces, a lack of proper equipment to safely perform duties, a failure to train, or a failure to require all crewmembers to follow safety rules while performing their duties.
• Reckless or extraordinarily unprofessional conduct. Actions taken by a seaman or employee aboard the vessel that resulted in another seaman suffering injuries or death. This form of negligence includes highly unprofessional or reckless actions.
• Deviations from ordinary course of conduct. If there are ordinary methods by which onboard duties are performed, and a crewmember deviated from those ordinary methods, leading to injury or death of another crewmember, this is likely grounds for filing a claim under the Jones Act.
• Failing to provide proper medical care after an injury. An injured seaman who has not been treated promptly by medical personnel may get suffer debilitating damage or die.
• Requiring workers to perform dangerous duties or employ unsafe methods. If onboard personnel are asked to perform dangerous duties or use unsafe methods, the employer can be held liable for injuries sustained.
• Failing to warn seaman of known dangerous conditions aboard. All workers must be informed of known hazards aboard for their own protection.
• Unseaworthiness of vessels that led to injuries or death. This form of negligence involves the condition on the vessel, equipment used on the vessel, or a crew that was unfit for the intended purpose, and any injuries that resulted from this specific unseaworthy factor.

In most standard cases based on negligence, it is necessary for the plaintiff to prove that the negligence demonstrated by the defendant was the primary reason for the injury. According to the Jones Act, the burden of proof is lower. In a claim, the plaintiff must simply prove that the defendant exhibited some degree of negligence. For example, if there were three distinct causes of the injury and only one could be attributed to the employer’s negligence, the claim may proceed. This lower burden is often referred to as a “featherweight” example of causation.