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Jones Act and Maritime injuries to seamen, dock workers and workers on offshore oil rigs in California are common to workers who work out of the busiest ports in California including San Diego, Long Beach, San Pedro, and Ventura, and they can occur when such workers least expect it and many times when they are far from home.

Maritime jobs are some of the riskiest in the world. Chains whip across the decks of ships, seamen lose limbs and can find themselves in ports receiving less than optimum medical treatment after being days away when the injury occurs.

As a result, seamen injured aboard ship have three avenues of recovery: The Jones Act, the doctrine of seaworthiness and the principle of maintenance and cure.

The Jones Act provides injured seamen with compensation for the negligence of others while employed on a vessel or offshore oil rig. That compensation includes damages for future medical treatment, past and future wage loss and pain and suffering.

Under the Jones Act, a seaman must prove the negligence of the vessel or oil rig’s owners, employees, or operators. Negligence can also be proven by showing defects in the vessel’s equipment or gear, or in the vessel itself.

The owner of a vessel also owes an absolute duty to provide and maintain a seaworthy vessel. It must be equipped with safe equipment, and be a safe place to work.

Upon being injured, a seaman has a right to benefits referred to as “maintenance and cure.” The maintenance part of this term refers to a daily amount for food and shelter. The cure part of this term refers to medical treatment. Treatment is provided until the seaman reaches his or her maximum medical improvement.

In the event of death, the spouse and family members of the deceased seaman are entitled to an award for any economic losses they have suffered by reason of the seaman’s death in addition to any pain and suffering the seaman may have suffered up until the time of his death.

Jones Act cases are significantly different from personal injury or workers compensation cases. An attorney without Jones Act experience is likely to be a fish out of sea until he or she has handled a few of these cases.

Not every worker aboard a ship is considered a seaman. Non-seamen workers injured over navigable waters are covered under the Longshore and Harbor Workers’ Compensation Act.

Even if you are not a seaman and have been injured while employed in any maritime activity on or near the water, you should talk to a maritime injury attorney to ensure you receive the compensation you are due.