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Jones Act Claims

Do I have to be a US citizen to file a Jones Act claim?

No, citizenship is not a requirement. The key factors are your employment status as a seaman and the vessel's connection to the US.

Can I sue if I slipped on a wet deck?

Yes, a wet deck can be considered negligence (failure to maintain safe conditions) or unseaworthiness, which are valid grounds for a Jones Act claim.

What if I signed a contract waiving my right to sue in the US?

Such clauses are often challenged in court. If the vessel owner has significant ties to the US, courts may invalidate the waiver and hear the case.

Is Maintenance & Cure paid regardless of fault?

Yes, Maintenance and Cure are "no-fault" benefits. You are entitled to them simply because you were injured or fell ill while in service of the ship.

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The Jones Act is a US federal law (Merchant Marine Act of 1920) that places special importance on seafarers' rights. However, its relevance extends beyond American borders and affects Georgian seafarers employed on US-flagged vessels or ships operating in US territorial waters. The Jones Act grants seafarers the right to sue their employer directly for negligence and receive full compensation for injuries, which far exceeds standard maritime compensations. This is a specific and complex field requiring knowledge of American maritime law.

When do Jones Act Claims apply?

Georgian seafarers can benefit from this law in specific circumstances:

  • US Vessel: The seafarer works on a vessel flying the US flag.
  • Operation in US: The incident occurred in US waters or the vessel is operated by an American company (even under a "flag of convenience").
  • Negligence: The injury was caused by employer or co-worker negligence (e.g., slippery floor, faulty equipment, insufficient lighting).
  • Unseaworthiness: The vessel was unseaworthy (technical fault, understaffing), leading to injury.

What compensation does the Jones Act provide?

Unlike standard Workers' Compensation, the Jones Act allows claiming:

  • Medical Cure: Full coverage of medical treatment until maximum recovery.
  • Maintenance: Daily allowance for living and food expenses during treatment.
  • Lost Wages: Compensation for not only current but also future lost earnings in case of disability.
  • Pain and Suffering: Substantial compensation for moral damages.

Georgian Legislation and Connection

Georgian legislation does not directly recognize the Jones Act, but under private international law principles, Georgian courts or arbitration can apply foreign (US) law if the employment contract or incident location relates to it. However, in practice, Jones Act claims are mostly filed in US courts with the help of partner lawyers. Legal.ge specialists will evaluate your case and connect you with American law firms if necessary.

Service Process

The process involves:

  1. Status Determination: Checking if you qualify as a "Seaman" for Jones Act purposes (30% of time on vessel).
  2. Proving Negligence: Gathering incident facts to prove even slight employer fault (Featherweight Burden of Proof).
  3. Claim Preparation: Developing a legal strategy to file a lawsuit in US jurisdiction.

Why Legal.ge?

The Jones Act is one of the most powerful tools for protecting seafarers globally. Georgian seafarers often do not know they are entitled to compensation under American standards. Legal.ge gives you access to experts who can determine the prospect of your claim and help you use international legal mechanisms.

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