"Seaman can't quit and go home like every other worker in America can if they encounter an unsafe situation at work." The Law Allows Seaman to to Sue Their Employer and the Vessel Seaman have the most powerful rights and remedies of any workers in America. A Jones Act Seaman can sue their employer/ vessel under the following legal doctrines: maintenance and cure, unseaworthiness, and Jones Act negligence. The Jones Act creates benefits for sailors which are very, very powerful. Seaman are not limited to meager workers compensation benefits. Seaman can sue in civil court and obtain civil damages. Seaman law originates in England. There is good public policy behind allowing a Seaman to recover civil damages for their injuries. MAINTENANCE AND CURE Seaman are entitled to maintenance and cure. Which means the vessel must pay them a daily stipend and provide medical care to treat their injuries. If the seaman is wrongfully not provided maintenance and cure the Seaman may be entitled to punitive damages and attorney fees. JONES ACT NEGLIGENCE Seaman can bring suit for injuries caused by Jones Act negligence. The Jones Act provides Seaman powerful remedies against their employers for injuries arising from negligent acts of the employer or co-workers. The employer of a seaman owes the seaman a duty under the Jones Act to provide the seaman a safe place to work. This duty extends to providing a safe place to work on the ship of a third party over which the employer has no control, if that is where the seaman's employer sends him or her to work. Jones Act negligence has a "feather weight causation standard." UNSEAWORTHINESS Seaman can sue if the vessel is unseaworthy. Unseaworthiness is a legal term that refers to an unsafe condition of a vessel. A seaworthy vessel is one that is reasonably fit for its intended use. It should be a safe place to work and live. The vessel is liable for a Seaman's injuries if it is unseaworthy. No other worker in America has these powerful rights and remedies. A SEAMAN WORKS AT THE "MERCY OF THE VESSEL" The reason why Seaman are entitled to Jones Act benefits is because Seaman work at the "mercy of the vessel." Most workers in America can not sue their employer. If they are injured at work their "exclusive remedy" against their employer is usually extremely unfair workers compensation benefits. For example, California has some of the lowest workers compensation benefits in the United States. Unlike a worker that works at Wal-mart, if a Seaman encounters something unsafe at work, they can't just quit and go home. Instead, maritime law imposes the duty on the Seaman to work to complete their voyage or mission. THE FURY OF THE SEA Most people never experience first hand an angry ocean. The power of the ocean is not to be underestimated. The sea is particularly cruel to the unprepared. "The perils of the sea" sounds quite different than how it feels. If you have spent one minute in a vessel in 20 foot plus seas, you will realize why it is fair to allow Seaman to sue their employer. Try 50 foot plus seas and you will also find religion. Because of this, the law allows Seaman to sue the vessel and their employer.
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