The Jones Act Provides Benefits for Injured Workers on the Ohio River
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In late April the body of newly hired deckhand Michael Harvey was found floating off the coast of the Ohio River. The incident occurred on April 6, 2009. It was reported that the deckhand was working on a barge that was transporting coal to FirstEnergy’s Sammis Power Plant when the barge bumped into another barge while unloading coal. Mr. Harvey lost his footing and fell into the Ohio River.
The Pittsburg Tribune reported Mr. Harvey’s co-workers as stating that:
It had appeared that his life jacket was knocked off of his body during the fall. The deckhands aboard the barge tossed Mr. Harvey a life preserver; however rescue attempts were unsuccessful.
Employee accidents aboard ships are not uncommon and the risks of working at sea are well known to many. The Jones Act acknowledges such risks and was enacted in 1920 to provide seamen with similar employment rights found by those of the railroad industry.
Specifically, the Jones Act provides that “Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury”
This protection includes negligent acts or omissions by the ship owner, captain and co-workers.
To qualify as a “seamen” under the Jones Act, a person must spend more than 30% of his employment services aboard a vessel. Generally speaking, the act is applicable solely to employees whose job is aboard a ship or vessel and may not apply to workers who job is performed on a fixed platform or to longshoreman.
Maritime Law is a complex and continuously evolving area of law. It’s important for ship workers to understand their rights and to seek legal counsel when necessary to protect those rights.