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What about wages?An injured crew member as part of maintenance and cure is entitled to wages from the time of incapacity...
12/13/2021

What about wages?

An injured crew member as part of maintenance and cure is entitled to wages from the time of incapacity to the end of the voyage or hitch. If you become incapacitated from your injuries while on a 30-day hitch after only 7 days aboard the towboat you are entitled to 23 days of unearned wages. However, unearned wage claims are rare because an injured crew member typically has claims for negligence under the Jones Act and for unseaworthiness under the General Maritime Law which allows recovery for lost past income and lost future earnings. Learn here:

https://www.thejonesact.com/towboat-injury/ #4

What do the terms maintenance and cure mean?A towboat crew member is entitled to maintenance and cure when injured or ta...
12/03/2021

What do the terms maintenance and cure mean?

A towboat crew member is entitled to maintenance and cure when injured or taken ill while in the service of the towboat. This right is broader than under most workers compensation laws in that the injury or illness need not necessarily be work related under the general maritime law. It is sufficient if the illness manifests itself during the voyage or hitch aboard the towboat. For example, a crew member who has appendicitis is entitled to CURE, which means to have his medical bills and associated medical expenses paid until he reaches Maximum Medical Improvement following surgery even though the appendicitis was in no way caused by his work nor was it a condition that is traditionally considered “work related.” Learn here:

https://www.thejonesact.com/towboat-injury/ #3

What Injury Laws Apply To A Towboat Crew?The entire crew of a towboat from the captain to the cook is covered under Fede...
10/26/2021

What Injury Laws Apply To A Towboat Crew?

The entire crew of a towboat from the captain to the cook is covered under Federal General Maritime Law and the Jones Act. State workers’ compensation laws do not apply to injured rivermen. Learn here:

http://www.thejonesact.com/towboat-injury/ #1

Towboat Injury – A towboat is a vessel that moves barges up and down the inland rivers and intracoastal waterways of the...
10/18/2021

Towboat Injury – A towboat is a vessel that moves barges up and down the inland rivers and intracoastal waterways of the United States. The rivermen who crew the towboat, (towboater) are constantly working in a high risk dangerous environment. The nature of the towboat and barge industry on the inland river system is very dangerous. Working on inland barges is extremely hands on and a towboater is constantly working either docking barges, building tow, or working on the towboat. A towboat corporation (company) like most sophisticated corporate operations run its operation using a cost benefit analysis; money is made only if the cargo is timely moved on the river and delivered. We use the label towboat corporation (company) to emphasize to you that most if not all towboat operations on the inland rivers are corporate owned. Usually a large corporation will own controlling stock in the towboat operation in which you work. Learn here:

http://www.thejonesact.com/towboat-injury/

How Can A Seaman Prevail Under The Jones Act?Hiring a competent attorney to handle your claim is paramount. The seaman m...
10/04/2021

How Can A Seaman Prevail Under The Jones Act?

Hiring a competent attorney to handle your claim is paramount. The seaman must show that the employer was negligent and that the negligence was a cause of the injuries sustained by the seaman. Further, unlike cases of “unseaworthiness,” it must be shown that the ship owner knew or in the exercise of due care, should have known, of the dangerous condition. Learn here:

http://www.thejonesact.com/seaman-injury/ #14

What Is The Jones Act?The Jones Act is a federal statute enacted in 1920 which established a negligence remedy against a...
09/24/2021

What Is The Jones Act?

The Jones Act is a federal statute enacted in 1920 which established a negligence remedy against a seaman’s employer for the injury or death of a seaman. The Jones Act specifically incorporates the rights and remedies extended to railroad workers by the Federal Employees Liability Act (“FELA”). Thus the Jones Act and the FELA are two of the very few circumstances in which an employee can sue his employer for the negligence of the employer or the employee’s co-workers. Learn here:

http://www.thejonesact.com/seaman-injury/ #13

What Conditions Make A Vessel Unseaworthy?The warranty of seaworthiness extends to all parts of the vessel, including th...
09/17/2021

What Conditions Make A Vessel Unseaworthy?

The warranty of seaworthiness extends to all parts of the vessel, including the hull, appliances, gear and equipment, even the vessel’s crew. Indeed, unfit crew members constitute just as much of a hazard as unfit gear. Temporary conditions such as oil, water, or ice on the deck may constitute transitory unseaworthiness. These conditions are often recent and there is no knowledge of the condition, either actual or constructive, on the part of the vessel owner. However, the vessel owner’s knowledge of the condition is not material to whether or not the vessel was unseaworthy. In a classic case, the plaintiff was a crew member of a fishing trawler. During the unloading of the catch, fish spawn and slime had covered the deck and railing. The plaintiff, who was attempting to get off the vessel, put his foot on the rail, slipped, and was injured. Learn here:

http://www.thejonesact.com/seaman-injury/ #12

What Does Unseaworthiness Mean?The doctrine of “unseaworthiness” is a feature of the General Maritime Law. The warranty ...
09/13/2021

What Does Unseaworthiness Mean?

The doctrine of “unseaworthiness” is a feature of the General Maritime Law. The warranty of seaworthiness imposed by operation of law on a vessel owner or operator is an absolute and non-delegable duty to seamen to provide a vessel that is reasonably fit for its intended purposes, or for its intended voyage. The mere happening of an accident is not evidence of unseaworthiness, but when a breach of the warranty causes injury or death, the vessel and its owner can be found liable. Learn here:

http://www.thejonesact.com/seaman-injury/ #11

What Are Unearned Wages?An injured seaman is entitled to unearned wages from the time of incapacity to the end of the vo...
09/06/2021

What Are Unearned Wages?

An injured seaman is entitled to unearned wages from the time of incapacity to the end of the voyage or the termination of the shipping articles. Shipping articles are generally signed for overseas trips and an injured seaman who does not complete the term of the articles is entitled to be paid through the end of the articles. In coastwise shipping, it is customary to sign on crew members for a specified period of time and recovery of wages until the end of that term generally is granted. If tip income is a significant component of a seaman’s wages, average tip income must be included in calculating unearned wages. This is particularly important in cruise line cases. Learn here:

http://www.thejonesact.com/seaman-injury/ #10

What Do The Terms Maintenance And Cure Mean?A seaman is entitled to maintenance and cure when injured or taken ill while...
08/27/2021

What Do The Terms Maintenance And Cure Mean?

A seaman is entitled to maintenance and cure when injured or taken ill while in the service of a vessel. This right is broader than under most workers compensation schemes in that the injury or illness need not necessarily be work related under the general maritime law. It is sufficient if the illness manifests itself during the time that the seaman was in the service of the vessel. For example, a seaman who has appendicitis is entitled to have both his medical bills and maintenance paid until he reaches Maximum Medical Improvement following surgery even though the appendicitis was in no way caused by his work conditions nor was it a condition that is traditionally considered “work related” under most workers compensation schemes. Learn here:

http://www.thejonesact.com/seaman-injury/ #9

What Rights Do The Seaman Have Under The General Maritime Law?An injured seaman is entitled under the General Maritime L...
08/23/2021

What Rights Do The Seaman Have Under The General Maritime Law?

An injured seaman is entitled under the General Maritime Law to certain remedies, including maintenance (a daily amount for subsistence during recuperation), cure (medical care), unearned wages to the end of the voyage or employment contract, and repatriation (return to the seaman’s home port in the event that he is injured overseas). The general maritime law also provides a tort remedy based on unseaworthiness, a type of strict liability. Learn here:

http://www.thejonesact.com/seaman-injury/ #8

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201 East Government Street
Pensacola, FL
32502

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