Offshore and maritime workers are entitled to maintenance and cure, which covers some of the costs associated with injury and impairment. However, these benefits do not hold employers fully accountable for their negligence. The Jones Act was passed in 1920 to provide additional protection to these workers and hold negligent employers and vessel owners accountable for the full extent and cost of their injuries.
Under the Jones Act, a worker must prove that their employer or vessel owner could have prevented at least a part of their accident in order to make a successful claim. Importantly, only a minimal percentage of fault is required to hold the employer or vessel owner liable. This means that even if an employee’s actions contributed to the accident, the employer may still be held responsible for the injuries.
How much fault is required under the Jones Act?
The Jones Act is a federal law that provides protection to offshore workers, known as seamen, who work in dangerous conditions. The law holds employers liable for their employees’ injuries even if they were only slightly at fault, a legal standard referred to as the “Featherweight Burden of Causation.”
Under the Jones Act, if a seaman is injured on the job, they can file a lawsuit against their employer to seek compensation for their injuries. In order to succeed in their lawsuit, the seaman must prove that their employer was at least partially responsible for their injuries. This means that even a small amount of fault on the part of the employer can result in them being held liable for damages.
The Featherweight Burden of Causation allows seamen to hold their employers accountable for their safety on the job. Employers are expected to take reasonable measures to prevent accidents and protect their employees from harm. If an employer fails to do so, they can be held responsible for any injuries that occur as a result.
Overall, the Jones Act’s low burden of proof provides important protection for offshore workers and ensures that they receive fair compensation for their injuries. It encourages employers to prioritize the safety of their employees and helps to prevent accidents and injuries on the job.
Get the Help You Need: Contact Our Experienced Jones Act Attorneys
If you have been injured while working offshore, you are entitled to certain protections under the law. The Jones Act provides additional protection to offshore and maritime workers and holds negligent employers and vessel owners accountable for the full extent and cost of their injuries. However, these cases can be complex and difficult to navigate on your own.
That’s where we come in. At Doyle Dennis LLP, our attorneys have the specialized knowledge and experience necessary to handle Jones Act cases. We can provide valuable guidance and support to ensure that you receive the maximum compensation you are entitled to. Don’t go through this challenging time alone – contact our experienced Jones Act attorneys today for a free case evaluation to get the help you need.
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