Kentucky River Injuries / Jones Act
Injuries to persons working on the river for a living, are governed by the Jones
Act. The Jones Act is a federal law providing remedies to seamen who are
injured while working on a vessel. Common examples of individuals covered under
the Jones Act would include deckhands, mates, captains, pilots, cooks, and any
other individual working on a vessel operating in navigable waterways.
The Jones Act extends the provisions of the Federal Employers' Liability Act (FELA),
which is a statue providing remedies for injured workers. Similar remedies are
provided for seamen. As a result, unlike normal workers compensation cases, an
injured seaman can recover damages from the employer over and above his lost
wages and medical expenses. As a general rule, the Jones Act applies only to
seamen, which are persons with employment related connection to a vessel in
navigation and who contribute to the vessel's function or mission. An incident
which results in the injury or death or the seaman is the usual starting point
for a Jones Act claim. Claims can be brought against the employer for the
employer's negligence or the negligence of a seaman's co-employee. Failure of
the employer to provide the seaman with a safe place to work can also give rise
to a valid Jones Act claim. Further, an unseaworthy vessel claim can also be
pursued as the employer has a nondelegatable duty to provide a seaman with a
safe place to work.
If you or a loved one has been injured while working on the river, call Saladino,
Oakes & Schaaf at (270) 444-0406 or toll free at 1-800-564-4238.
The initial consultation is free of charge, and if we agree to accept you case
we will work on a contingency fee basis, which means we get paid for our
services only if there is a monetary award or recovery of funds. Don't delay!
You may have a valid claim and may be entitled to compensation for your river
injury.
The above is not legal advice. That can only come from a qualified attorney
who is familiar with all the facts and circumstances of a particular, specific
case and the relevant law. See Terms
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