In
the most recent instance of the Jones Act in the news, a NYPD counter-terrorism detective has filed a claim under the Act, claiming injuries that occurred
during a rescue. The $106 million
lawsuit alleged the city failed to provide him with safe tools, equipment, and
a “competent” crew of fellow officers.
Under
the Jones Act, the employer/employee relationship is spelled out to allow for
recovery from personal injury claims due to the employer’s negligence. The employee must also meet the requirement
of spending at least 30% of his time in the service of said vessel or fleet of
vessels on navigable waters.
Here,
the NYPD officer’s claims arise from the rescue of a capsized boat on the East
river. The officer was injured while
pulling those in the capsized boat to safety.
As a member of the NYPD Harbor Unit, the officer will likely satisfy the
requirement that he spend at least 30% of his time in the service of the fleet,
even if it is not on a specific vessel.
The
damages can accumulate quickly and are often negotiated for when settling a
case like the one mentioned above.
Permitted damages include: medical expense, pain and suffering, lost
wages, loss of support to dependents or widow, loss of value of household
services, and funeral services to name a few.
The suit alleges severe physical
pain and mental anguish, including back and neck pain for which he seeks to
recover.
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