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Jones Act Seaman
- Jones Act Statute of Limitations: How long do I have to file a Jones Act lawsuit?
- California Jones Act Lawyer - - Jones Act Lawyer in California
- Why Are Seaman Allowed to Bring A Civil Lawsuit?
- Jones Act Accident Checklist - How To Keep From Sinking Your Jones Act Injury Case
- Ready Reserve Force Ship Lawyer
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Jones Act Seaman
- How long do I have to file a Jones Act lawsuit?
- Seaman Can't Quit and Go Home Like Every Other Worker in America Can If They Encounter an Unsafe Situation At Work
- Jones Act Seaman Checklist - How To Keep From Sinking Your Jones Act Injury Case
- Sealift Ship Injuries, Sealift Ship Attorney
- Ready Reserve Force Ship Injury? Ready Reserve Force Ship Lawyer, Ready Reserve Force Ship Attorney
Seaman Can't Quit and Go Home Like Every Other Worker in America Can If They Encounter an Unsafe Situation At Work
Bill Turley is a San Diego Jones Act Lawyer.
Bill has been a practicing Jones Act Attorney in San Diego since 1987.
He handles Jones Act Cases which occur all over the world.
Jones Act: Why the Law Allows A Seaman to Bring a Civil Lawsuit
The Law Allows A Seaman to to Sue Their Employer and the Vessel
Seaman have the most powerful rights and remedies of any workers in America. A Jones Act Seaman can sue their employer under the following legal doctrines: maintenance and cure, unseaworthiness, and Jones Act negligence.
The Jones Act creates benefits for sailors which are very, very powerful. Seaman are not limited to meager workers compensation benefits. Seaman can sue in civil court and obtain civil damages.
Seaman law originates in England. There is good public policy behind allowing a Seaman to recover civil damages for their injuries.
Maintenance and Cure
Seaman are entitled to maintenance and cure. Which means the vessel must pay them a daily stipend and provide medical care to treat their injuries. If the seaman is wrongfully not provided maintenance and cure the Seaman may be entitled to punitive damages and attorney fees.
Jones Act Negligence
Seaman can bring suit for injuries caused by Jones Act negligence. The Jones Act provides Seaman powerful remedies against their employers for injuries arising from negligent acts of the employer or co-workers.
The employer of a seaman owes the seaman a duty under the Jones Act to provide the seaman a safe place to work. This duty extends to providing a safe place to work on the ship of a third party over which the employer has no control, if that is where the seaman's employer sends him or her to work. Jones Act negligence has a "feather weight causation standard."
Unseaworthiness
Seaman can sue if the vessel is unseaworthy. Unseaworthiness is a legal term that refers to an unsafe condition of a vessel. A seaworthy vessel is one that is reasonably fit for its intended use. It should be a safe place to work and live. The vessel is liable for a Seaman's injuries if it is unseaworthy.
No other worker in America has these powerful rights and remedies.
A Seaman Works at the "Mercy of the Vessel"
The reason why Seaman are entitled to Jones Act benefits is because Seaman work at the "mercy of the vessel." Most workers in America can not sue their employer. If they are injured at work their "exclusive remedy" against their employer is usually extremely unfair workers compensation benefits. For example, California has some of the lowest workers compensation benefits in the United States.
Unlike a worker that works at Wal-mart, if a Seaman encounters something unsafe at work, they can't just quit and go home. Instead, maritime law imposes the duty on the Seaman to work to complete their voyage or mission.
The Fury of the Sea
Most people never experience first hand an angry ocean. The power of the ocean is not to be underestimated. The sea is particularly cruel to the unprepared. "The perils of the sea" sounds quite different than how it feels.
If you have spent one minute in a vessel in 20 foot plus seas, you will realize why it is fair to allow Seaman to sue their employer. Try 50 foot plus seas and you will also find religion.
Because of this, the law allows Seaman to sue the vessel and their employer.
San Diego Jones Act Lawyer
Jones Act Lawyer San Diego
Lawyer San Diego Jones Act
San Diego Jones Act Lawyer
San Diego Jones Act Attorney
Jones Act Attorney San Diego
San Diego Jones Act Attorney
The Turley Law Firm Maritime Lawyers, Maritime Attorneys, Boat Accident Lawyers, Boat Accident Attorneys, LHWCA Attorneys, LHWCA Lawyers, Longshore and Harbor Workers Compensation Act Attorneys, Longshore and Harbor Worker Compensation Act Lawyers, Jones Act Lawyers, Jones Act Attorneys, Cruise Ship Lawyers, Cruise Ship Attorneys, Vessel Collision Attorneys and/or Vessel Collision Lawyers accept cases from the following areas in San Diego:Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Chula Vista Marina, City of San Diego, Coronado, Cortez Bank, Del Mar, Eastlake, El Cajon, Encinitas, Embarcadero, Escondido, G Street Mole, Leucadia, Imperial Beach, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, NASSCO, National Steel and Shipbuilding Company, General Dynamics, National City, Naval Station San Diego, North Island, North County, Oceanside, Oceanside Harbor, Pacific Beach, Point Loma, Port of San Diego, Santee, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San DIego, San Diego Cruise Ship Terminal San Diego Harbor, Solana Beach, South Bay, Southwest Marine, Spring Valley, SWM, Tenth Street Marine Terminal, USN, United States Navy, US Navy, Vista, Zapata Tugs. 10th Street Marine Terminal, 24th Street Marine Terminal.
The Turley Law Firm, APLC
555 West Beech Street, Suite 460
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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