Key West Jones Act Attorney

Key West Jones Act Lawyer

As a maritime worker, you’re typically not covered by standard workers’ compensation benefits from your employer. That said, you’re not left without rights. If you’re a maritime worker in Florida who is injured while working aboard a vessel, you’re entitled to seek compensation to recover from your losses. An experienced Key West Jones Act attorney can explain your legal options and represent you in court.

The Jones Act works in conjunction with the Longshore and Harbor Workers’ Compensation Act (LHWCA) to protect maritime workers’ rights and provide benefits. At LMK Legal, we can assert your rights and secure you the compensation you’re owed.

What Is the Jones Act?

Officially known as the Merchant Marine Act of 1920, the Jones Act is a federal law. It protects maritime workers and regulates shipping and maritime commerce in the United States. The Jones Act requires vessels operating in the United States and in coastal waters to follow American laws. It also sets safer and more productive standards for maritime workers.

Under the Jones Act, vessels carrying goods between U.S. ports must:

• Be built in the United States.
• Be owned by a U.S. company controlled by U.S. citizens, with at least 75 percentS. ownership.
• Be registered in the United States.
• Have a crew of at least 75 percent United States citizens.

Moreover, it requires that vessels moving goods between U.S. ports be built, owned, registered, and crewed by workers in the United States. Nearly 40,000 vessels operate under the Jones Act, supporting nearly 650,000 American jobs and accounting for almost $154 billion in annual economic impact.

Common violations of the Jones Act as it pertains to maritime workers’ rights include, but are not limited to:

• Failure to enforce safety rules and regulations
• Not providing competent coworkers or a sufficient crew
• Failure to supply proper equipment or safety gear
• Neglecting to provide proper medical treatment
• Failure to train and educate employees
• Unsafe or unsanitary working conditions

A big violation of the Jones Act comes in the form of unseaworthiness. A vessel owner or operator in Key West has a legal duty to provide a seaworthy vessel that is reasonably fit for its intended purposes, properly equipped, and supplied with a competent crew. Every maritime worker is entitled to a seaworthy vessel, so they have the right to file a claim for damages if they are injured due to unsafe working conditions.

What’s Included in a Jones Act Claim in Key West?

The Jones Act exists to protect all maritime workers, also known as seamen. Under the Jones Act, a seaman is any individual working aboard a vessel or on the functionality of a maritime vessel for long periods of time.

You have a right to file a claim if you’re injured or harmed while employed aboard a vessel, so long as it’s on navigable waters. Claimants often include:

• Captains
• Cooks
• Deckhands
• Divers
• Drillers
• Fishermen
• Mates
• Mechanics
• Pilots
• Sailors
• Stewards

If you’re injured or harmed while working in these positions on the water, you may be eligible to recover damages for your losses. A Key West Jones Act attorney can navigate this situation with ease. Your claim may be filed in the Freeman Justice Center in Key West.

The Jones Act in Key West Today

Over the years, the Jones Act has seen many revisions. Today, critics are calling for it to be repealed entirely. They believe the transportation of goods under this law increases costs, restricts shipping, and takes a large environmental toll.

FAQs

What’s an Example of a Violation of the Jones Act in Key West?

The Jones Act exists in part to protect maritime workers’ rights while they are employed at sea for extended periods of time. A common example of a Jones Act violation is a vessel not having enough life jackets, safety harnesses, or other personal protective gear for its crew on board. This can be classified as a lack of safety equipment and a failure to provide safe working conditions.

How Much Does It Cost to Hire a Jones Act Attorney in Key West?

The cost of a Key West Jones Act attorney can vary, depending on the complexity of your case and the experience level of the lawyer you hire. A more seasoned lawyer can cost more, but they can also secure you a higher settlement amount. Jones Act attorneys typically work on a contingency fee basis, which means they get paid a percentage of your settlement amount.

How Is the Jones Act Different From State Workers’ Compensation in Key West?

Under the Jones Act, maritime workers can file a case against their employers for negligence and recover broader damages, including pain and suffering.

Workers’ compensation, however, is a no-fault system designed to protect all workers’ rights. It is used as an exclusive remedy for workers’ pay and leave issues. This means issues covered by an employee’s workers’ compensation benefits cannot also be taken to court for a separate case.

How Do I Know If I Qualify for the Jones Act in Key West?

The Jones Act provides additional protections for maritime workers who are injured or harmed while working on navigable waters. It protects all maritime workers, including any person who works aboard a vessel or on parts of the vessel for the majority of their time. This law protects any worker in any position aboard a vessel, and that commonly includes deckhands, divers, fishermen, mechanics, sailors, and other seafarers.

Discuss Your Case in Depth With a Key West Jones Act Attorney Today

If your rights have been violated as a maritime worker in Key West, our team at LMK Legal can represent you. We can evaluate your case, create a plan for how to navigate it, and get you the maximum settlement or case amount.

As a seafarer, you deserve to work in safe conditions with a competent crew, and you’re entitled to seek compensation for your losses if those rights are violated. Our skilled attorneys at LMK Legal can secure the justice you deserve. Contact our office to set up a consultation with a Key West Jones Act lawyer today.