The Jones Act is an extremely important piece of legislation for seamen whose work takes them off of United States soil in into the open water where maritime law reigns supreme.

The Jones Act effectively allows injured sailors to make personal injury claims and collect damages from their employers for the negligence of the shipping company, the captain or fellow members of the crew. This could include unseaworthiness of a vessel as well.

In order to qualify as a seaman for purposes of the Jones Act seaman, the worker must spend more than 30 percent of his time on navigable waters or servicing a vessel.

Jones Act lawsuits may be brought either in a U.S. federal court or in a state court. The Jones Act allows seamen the opportunity for a jury trial, which is typically not granted in maritime law cases.

In a recent Jones Act filing in Southeast Texas, a seaman who served aboard a vessel owned by K-Sea Transportation alleged that he was exposed to benzene while working aboard the ship, which caused him to be stricken with leukemia, a deadly cancer.

The seaman's complaint, filed in Jefferson County District Court last week, asserts that he became ill after working aboard the Dublin Sea in 2010, during which time he served as a deckhand as the ship transported benzene and other chemicals across the Gulf of Mexico.

Ultimately, the lawsuit accuses K-Sea Transportation of failing to properly train him on how to avoid exposure to the benzene, a knowingly harmful chemical. The seaman is seeking past and future medical expenses, court costs and lost wages as well as damages for mental anguish, pain disfigurement.

Shipping companies have a duty to keep their crew members safe from harm, which often means providing adequate training to avoid injuries or illnesses. It will be interesting to see how the case unfolds.

Source: The Southeast Texas Record, "Jones Act suit filed against K-Sea Transportation" David Yates, 8/15/2011.