Jones Act - Statute of Limitations

In 1920 Congress adopted a series of laws which includes maritime commerce in the United States. The Merchant Marine Act of 1920, also known as the Jones Act, provides goods transported by water between U.S. ports. Part of this Act codified rights seaman developed over centuries. Since the earliest days of Colonial America, courts protected sailors from the negligence of their employers or fellow sailors. This law resulted in a myriad of laws and judicial decisions together in a comprehensive set of rules. The sailor has the right to sue their employers for injuries caused by negligence of the captain, crew or owner of a vessel. They can also sue on grounds of unseaworthiness claims.

The Supreme Court brought further definition of rights as a seaman in 1995. That same year brought the case for Chandris, Inc. v. Lasts. In their decision, the court gave guidance on what defined a "Jones Act seaman." The sailor will serve more than thirty percent of their time in service to an eligible vessel. Seaman may sue either federal or state levels. They are also entitled to a jury trial. Sailors that work on a waterway on a ship qualify. This includes those on fishing boats, cruise ships, casino boats, tankers, charter trips, and even offshore drilling rigs.

The limitation period for most claims negligence under the Jones Act is three years after the injury date. The most striking exception to this statute implies a vessel, operated, owned or contracted by the U.S. government. The limitations of these claims may be shorter than for private transport. Many workers make the mistake of submitting claims under the Jones Act, together with either work or housing compensation Longshore-Harbor Workers' Act. Filing under these acts to reduce the amount owed under the Jones Act.

Those seamen covered by the Jones Act need to be proactive if injured in the performance of their duties. Many employers will cover medical costs and personal living expenses. But if the damage from negligence or seaworthiness problems seaman deserves more compensation, to this. Once an injury occurs, a sailor needs to contact a maritime lawyer to see if they have a claim under the Jones Act. While three years seem like a long time, time passes quickly when you do not know your rights. If you mistakenly file under the wrong act, can a lawyer help smooth things out.