Miami, FLl Maritime And Admiralty Law Attorney Robert Gross On The Temporary Suspension Of The Jones Act

As a Miami maritime law attorney who represents injured seamen and women, I rely on certain provisions of the Jones Act to pursue claims against employers. Recently, in an effort to improve the flow of oil into the country from the Gulf of Mexico—mostly prompted by interruptions in oil flow to the northeast due to Hurricane Sandy—President Barack Obama suspended the Jones Act requirement that all vessels transporting goods between US ports be flagged in this country. All other provisions of the Jones Act, however, including the workers' compensation protections for injured individuals who spend at least 30% of their work time aboard vessels, are unaffected. In any event, the cabotage waiver only applies to vessels carrying petroleum products and expires on November 13.

Workers' Compensation For Injured Seamen Under the Jones Act

One of the first hurdles that a personal injury attorney must cross when filing a Jones Act claim is establishing that his or her client is a seamen under the definition of the act. A seaman is any employee whose duties require him or her to be aboard a navigable vessel or group of vessels under common ownership at least 30% of the time. If an employee's time falls short of the 30% threshold, he or she may still qualify for compensation under the Longshore and Harbor Workers' Compensation Act. A qualified maritime law attorney should be able to determine which act applies in your case.

Statute of Limitations in Jones Act Cases

Another significant factor that affects Jones Act claims is the statute of limitations. Under the Jones Act, injured seamen have three years from the date of the work-related injury in most cases. If the employee files a claim and retains the services of a maritime law attorney who handles Jones Act claims immediately, the statute of limitations will not be likely to present a problem.

If you are a crewmember or seamen who spends more than 30% of your time working on vessels, and you are injured while at work, you will continue to be protected under the Jones Act—even during the Obama Administration's cabotage suspension. Contact a reliable, trusted Miami maritime and admiralty lawyer immediately. Feel free to call Robert C. Gross at his Miami office: 305-793-5526.