Monthly Archives: August 2022
Company Challenges Jones Act Seaman Status To Defeat Claim
Seamen have special protections under the Jones Act to file lawsuits against employers. Further, they have maintenance and cure rights that tend to exceed worker’s compensation benefits granted in their home states. For that reason, the what constitutes a “seaman” for these unique maritime protections is important. The courts have begun applying a new… Read More »
Lawsuit Alleging Ship Captain Died Of COVID, Settles
COVID lawsuits filed against ships is not necessarily news anymore, but the fact that the majority of these lawsuits have failed to result in positive outcomes for plaintiffs is telling. Right now, most state governments have enacted legislation that prevents businesses from being sued over COVID-19 infections. These rules, however, do not apply to… Read More »
Jones Act Lawsuit Shines A Light On Statute Of Limitations
A merchant marine who worked aboard vessels from 1944 to 1955 filed a lawsuit in 2017 after he developed an asbestos-related cancer. The defendants in the lawsuit filed for summary dismissal on the basis that the statute of limitations had run out. The plaintiff contended that the statute of limitations did not start ticking… Read More »
Jones Act Claims And Pre-Existing Conditions
If the shipping company/employer cannot beat your claim on the facts, then it will attempt to deflect some of the blame onto you. This is done in two ways: 1. You were partly to blame for the accident, i.e. you were not watching where you were going and that is why you tripped and… Read More »
