The laws that govern injury and death cases on land typically don’t apply when the incident occurs on the high seas. There are two acts, the Jones Act and the Death on the High Seas Act, that govern situations that occur in international waters.
There are very distinct differences to these acts. The Jones Act deals with injury cases, while the Death on the High Seas Act applies only when the victim dies. The types of recovery and the burden of proof are different. Understanding a few basic points about these may be beneficial to anyone who works on a qualified vessel.
What is the Jones Act?
The Jones Act, which is formally known as the Merchant Marine Act of 1920, offers protection for maritime workers. The covered individuals are those who spend the majority of their time working on a vessel that operates in navigable waters. These individuals typically aren’t covered under workers’ compensation policies, so they must rely on this act.
This act allows the maritime worker to file a lawsuit directly against their employer. In these cases, the burden of proof is relatively low in these cases. The worker must show by a preponderance of the evidence that the vessel owner, employer or crew were at least partially at fault for the injury that occurred.
What is the Death on the High Seas Act?
The Death on the High Seas Act was also enacted in 1920. It provides a way for a maritime worker’s next-of-kin, such as a spouse or children, to recover financial damages if the worker dies on the job. The event that caused this injury must have occurred more than three miles from a United States shore. This act only allows for recovery of monetary damages, but it doesn’t allow for compensation for pain, suffering or emotional distress.
Taking action for maritime worker injuries and deaths require specialized assistance. Working with someone who understands these matters is important for anyone dealing with this situation.