Determining whether or not the vessel a seaman was in service to at the time of an accident qualifies as a Jones Act Vessel is equally as important as determining if the injured person qualifies as a Jones Act Seaman. In 2005, the Supreme Court updated the definition of what constitutes a Jones Act Vessel. This allowed new types of maritime workers compensation under The Jones Act that were not eligible before this update.
The definition of what qualifies as a Jones Act Vessel now says that even if a maritime vehicle wasn’t in the process of transporting cargo or people at the time of the accident, if the vessel was “practically capable” of doing so then it would still be considered eligible. This means that, weather it is a dredge used to dig trenches, or a casino boot that has been moored, or some other type of maritime vehicle that is capable of navigating the water, even if transportation of goods or people isn’t the main function of the vehicle, it will be considered a vessel. If a person has sustained injuries on board a maritime vehicle that has the ability to navigate water, even though it may have been moored or anchored at the time of injury, it will still likely qualify as a jones act vessel.
The complexities of Jones Act Law, and whether or not the vehicle in question can be considered a Jones Act vehicle can be overwhelming. Hiring a maritime attorney who is experienced in Jones Act and other laws that govern maritime worker’s safety is integral to getting all compensation that you are entitled.
Carabin Shaw has a qualified, experienced team of attorneys that will work for you to protect your interests. If you have been injured in the service of a Jones Act Vessel or while performing other maritime duties, contact Carabin Shaw day or night, 7 days a week for a free consultation. 800-862-1260