| "Seaman can't quit and go home like every other | | | | standard." |
| worker in America can if they encounter an unsafe | | | | UNSEAWORTHINESS |
| situation at work." | | | | Seaman can sue if the vessel is unseaworthy. |
| The Law Allows Seaman to to Sue Their Employer | | | | Unseaworthiness is a legal term that refers to an |
| and the Vessel | | | | unsafe condition of a vessel. A seaworthy vessel is |
| Seaman have the most powerful rights and remedies | | | | one that is reasonably fit for its intended use. It should |
| of any workers in America. A Jones Act Seaman can | | | | be a safe place to work and live. The vessel is liable |
| sue their employer/ vessel under the following legal | | | | for a Seaman's injuries if it is unseaworthy. |
| doctrines: maintenance and cure, unseaworthiness, and | | | | No other worker in America has these powerful rights |
| Jones Act negligence. | | | | and remedies. |
| The Jones Act creates benefits for sailors which are | | | | A SEAMAN WORKS AT THE "MERCY OF THE |
| very, very powerful. Seaman are not limited to meager | | | | VESSEL" |
| workers compensation benefits. Seaman can sue in | | | | The reason why Seaman are entitled to Jones Act |
| civil court and obtain civil damages. | | | | benefits is because Seaman work at the "mercy of |
| Seaman law originates in England. There is good public | | | | the vessel." Most workers in America can not sue their |
| policy behind allowing a Seaman to recover civil | | | | employer. If they are injured at work their "exclusive |
| damages for their injuries. | | | | remedy" against their employer is usually extremely |
| MAINTENANCE AND CURE | | | | unfair workers compensation benefits. For example, |
| Seaman are entitled to maintenance and cure. Which | | | | California has some of the lowest workers |
| means the vessel must pay them a daily stipend and | | | | compensation benefits in the United States. |
| provide medical care to treat their injuries. If the | | | | Unlike a worker that works at Wal-mart, if a Seaman |
| seaman is wrongfully not provided maintenance and | | | | encounters something unsafe at work, they can't just |
| cure the Seaman may be entitled to punitive damages | | | | quit and go home. Instead, maritime law imposes the |
| and attorney fees. | | | | duty on the Seaman to work to complete their |
| JONES ACT NEGLIGENCE | | | | voyage or mission. |
| Seaman can bring suit for injuries caused by Jones | | | | THE FURY OF THE SEA |
| Act negligence. The Jones Act provides Seaman | | | | Most people never experience first hand an angry |
| powerful remedies against their employers for injuries | | | | ocean. The power of the ocean is not to be |
| arising from negligent acts of the employer or | | | | underestimated. The sea is particularly cruel to the |
| co-workers. | | | | unprepared. "The perils of the sea" sounds quite |
| The employer of a seaman owes the seaman a duty | | | | different than how it feels. |
| under the Jones Act to provide the seaman a safe | | | | If you have spent one minute in a vessel in 20 foot |
| place to work. This duty extends to providing a safe | | | | plus seas, you will realize why it is fair to allow |
| place to work on the ship of a third party over which | | | | Seaman to sue their employer. Try 50 foot plus seas |
| the employer has no control, if that is where the | | | | and you will also find religion. |
| seaman's employer sends him or her to work. Jones | | | | Because of this, the law allows Seaman to sue the |
| Act negligence has a "feather weight causation | | | | vessel and their employer. |