The Jones Act: How it Protects Mississippi Seamen and the Intersection of the Jones Act and Mississippi Workers’ Compensation Laws

Most Mississippi residents are familiar with the concept of Mississippi workers’ compensation benefits. Under Mississippi workers’ compensation laws, most Mississippi workers who are injured on the job and who are disabled from working their regular job are entitled to important financial benefits such as wage replacement benefits while they are unable to work, disability benefits, medical expense reimbursement, vocational rehabilitation services, and more. However, certain Mississippi workers do not fall under Mississippi workers’ compensation laws, and, instead, if they are injured at work their rights are governed by other laws (or they are exempt). One such type of worker not covered by Mississippi workers’ compensation laws even if injured on the job in Mississippi is seamen. But why are injured seamen not entitled to Mississippi workers compensation benefits and how do the laws that govern injured seamen intersect with Mississippi workers’ compensation laws?

Injured Seamen and the Jones Act in Mississippi

Instead of being eligible for more traditional workers’ compensation benefits under Mississippi workers’ compensation laws, Mississippi seamen who are injured on the job and who are rendered disabled from work may be entitled to compensation for their injuries under the Jones Act (otherwise known as the Merchant Marine Act of 1920). The Jones Act is a federal law that essentially regulates activity on the seas. Among other things, it extends the Federal Employer’s Liability Act and enables injured seamen to bring personal injury actions against at-fault employers for workplace injuries.

The Jones Act and Mississippi Workers’ Compensation Laws

Under the Jones Act, injured seamen are entitled to bring a claim under a personal injury theory if they are injured on the job. However, injured seamen who are disabled from work are, accordingly, not entitled to Mississippi workers’ compensation benefits. Under the Jones Act, “[a] seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.” In sum, if a person is indeed deemed to be a seaman ( which is a separate analysis under the law), he or she must bring a personal injury suit to recover compensation for a workplace injury.

Justice for Mississippi Workers

In Mississippi, the experienced Mississippi workers’ compensation and Jones Act lawyers at Lunsford Baskin & Priebe are here to help you get justice for your workplace injury. The experienced Mississippi workers’ compensation and Jones Act lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your case and to see if they can help fight for you to get compensation due. Contact the experienced workers’ compensation and Jones Act lawyers at Lunsford Baskin & Priebe today and speak to a lawyer about your case for free.

Source:

law.cornell.edu/wex/jones_act