How Do Jones Act Maritime Accident Claims Work in San Jose?
Maritime injury claims are a bit different from many other types of personal injury cases in California. The way a maritime accident claim works will depend on where the accident happened and who was injured.
Employees who work on and around the San Francisco Bay, or who travel from San Jose down to the Monterey Bay to work, are frequently injured in accidents that occur on the water as well as those that occur nearby on docks. When a worker meets the definition of a “seaman,” that employee may be able to file a personal injury lawsuit against their employer under the Jones Act. The Jones Act is a federal law that permits a “seaman” to sue their employer to recover damages. While non-maritime employees typically are limited to the compensation they can obtain through the workers’ compensation system, a “seaman” can file a lawsuit and hold an employer liable.
To be a seaman eligible to file a claim under the Jones Act, the worker must spend a substantial amount of time working on a ship or a boat that is considered to be “in navigation.” In short, for a vessel to be “in navigation,” it must be afloat, in operation, able to move, and on navigable waters (but it does not have to be moving at the time of the injury — it can be docked).
San Jose Maritime Accidents, Longshoremen, and the LHWCA
Workers who primarily work near the water or for companies that do work on the water may not qualify as seamen eligible to file a Jones Act claim, but they might be eligible to seek compensation instead through the Longshore and Harbor Workers’ Compensation Act (LHWCA).
The LHWCA is more like a workers’ compensation program for “longshoremen” broadly, which includes a range of employees whose work is maritime-adjacent. Common examples of employees who are eligible for compensation through the LHWCA include longshoremen, harbor workers, dock builders, and ship builders.
Personal Injury Law and Maritime Accidents
When individuals are injured in maritime-related accidents, such as boating accidents or slips and falls around harbors, it may be possible to file a personal injury lawsuit under California law against the liable party. The Jones Act and the LHWCA only apply to certain employees, which means most individuals who get hurt outside their own work will rely on California personal injury laws.
Reach Out to Our San Jose Maritime Accident Lawyers Today
Maritime accidents can be severe and debilitating, but Venardi Zurada can help you to determine the laws that may apply to your case and your options for seeking financial compensation. Contact our experienced San Jose maritime accident lawyer for more information. Call us at (833) 893-6763 or contact us online to schedule a consultation.
