Know your rights…Admiralty Laws & Jones ACT???

[Scott Beveridge]

Who qualifies as a Jones Act seaman?
What vessels qualify as Jones Act vessels?
What rights of a seaman are protected under the Jones Act?

This is stuff that EVERY ROV HAND SHOULD KNOW in this day and age of multinationalism. It’s your arses…knowledge is power, ignorance is for "Career Needle-Gun Operators" 💡

Err, every ROV hand that works around USA waters you mean? I don’t believe it is a valid law anywhere but in America?

Old & Ray,

I believe that ANY person who works for an American based company or affiliate (a foreign-owned company) working on any contract with the former, ANYWHERE, can stick it to them in an American court.

[turtle]

I believe that ANY person who works for an American based company or affiliate (a foreign-owned company) working on any contract with the former, ANYWHERE, can stick it to them in an American court.

If a company has an office/facility/address "doing business as" in the US, no matter where the company is based, it is liable for civil action initiatied in the US courts. This is good if you need to go after a company for compensation, bad for Americans looking for work overseas because it may appear to be an extra exposure to liability for the agency or client. This was the impetus a few years back when agencies started requiring North Americans to sign the "promise not to sue in US" forms and provided the agency to choose, on an otherwise level playing field, candidates other than North Americans.

[James McLauchlan]

Who qualifies as a Jones Act seaman?
What vessels qualify as Jones Act vessels?
What rights of a seaman are protected under the Jones Act?

This is stuff that EVERY ROV HAND SHOULD KNOW in this day and age of multinationalism. It’s your arses…knowledge is power, ignorance is for "Career Needle-Gun Operators" 💡

Err, every ROV hand that works around USA waters you mean? I don’t believe it is a valid law anywhere but in America?

A bit of barrack room type law here but…..

My understanding for the ‘Jones act’ is that anyone working for a US company, no matter what nationality or where in the world they may be, are covered by the ‘Jones act’ and can, should they feel the need, take the American employer to court in the USA. This is one of the reasons American divers were ditched (for overseas work) by a well know USA diving/construction company years ago. The American divers were making use of the Jones act (back in the states) when ever they saw the opportunity. Non US nationals on the other hand were often unaware of their rights (in respect of the Jones act) or tended not to go to court at the drop of a hat. They stayed employed. I believe the pressure came on from the insurers over the American divers.

Around 1999 I was working out of Singapore but happened to end up talking to a US diver whom had just been told by his employer (behind the scenes) that as he was American they could no longer use him. He was gutted and was most certainly a regular and one of the good guys that ended up caught up in it all. Things may have eased a little now.

[Scott Beveridge]

James,

Remember "The Association" that WAS to come about in Singapore but never did? Another story and thread perhaps… In any event, I went to several meetings after some of the organisers coaxed me. There were many discussions about the Jones Act and how employers were dumping us yanks. Back then when the Jones Act was still ripe and the dust hadn’t even settled, a majority of the non-US offshore workers didn’t have a clue to what their rights were.

So… the law still rings true today… and I was probably daft to sign those dispensation forms during the lean times – but yes, I did continue to work.

I was once told by a guy who came up from Perth and was sitting in the ops mgr chair for a week whilst the regular guy was on holiday, that, "Ayyy, Scott, mite, you’re a Canaydeean, roit mite?" , "ahhhh, no Tony, I’m a Yank" , "Ahhh!! Kan’t use yer mite"… This is after I’d been working in the shop for a week or so and was to go offshore with the system. I proceeded to face him and say that "ANY M-effer from ANY country can do you (a US affiliate co.) in an American court ANYTIME, NOT only Americans". A couple of my co-workers were jaw-jacked when they heard that… (Ahhhh, Mite, git that effin compo mite…. in some of backs of their minds). The air was electric, the orifice wallie was jaw-jacked and couldn’t say a word. I kept my job….

[Oldschool]

A JONES ACT SEAMAN: The US Federal court uses a three part test to determine seaman status for maritime workers.

First, the worker must be assigned to a vessel, or an identifiable fleet of vessels, in operation on a navigable waterway.

Second, the duties of the worker must contribute to the vessel’s function or mission.

Third, the connection to the vessel must be substantial in both time and nature.

Another measure of requirement used by most companies to determine if an injured worked is covered by Work Comp. (preferred method of all employers and least beneficial to injured workers) or under the Jones Act is a "30% Time Rule." If you do not spend 30% of your time offshore, then you can be swept under the land-based and benefit reduced "Worker Comp. Policy."

A JONES ACT VESSEL: In a 2005 U.S. Supreme Court decision stated that the term vessel “includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” Under the new rules, even a floating dormitory is a Jones Act vessel.

JONES ACT SEAMEN’S RIGHTS: Seamen have a right to these benefits regardless of fault on the part of the employer or any other party. These rights are the unconditional responsibility of the seaman’s employer and are in addition to any rights and benefits to which the seaman may be entitled under the Jones Act.

A sick or injured seaman has a right to maintenance and cure benefits until such time that he reaches maximum medical improvement. These rights encompass other rights as well, such as the right to choose his own doctor or medical providers and the right to a second opinion beyond the diagnosis or prognosis of a company doctor. Cure benefits include reasonable and necessary medical treatment, durable medical equipment and supplies, and medications related to the treatment of the injury or illness or any other condition that may develop secondary to the original condition. Maintenance benefits are historically based on a minimal daily subsistence rate. In more recent years the courts have interpreted the right to receive maintenance benefits and the employer’s duty to provide these benefits as a requirement that the employer provide adequate benefits to cover the seaman’s basic living expenses. Such expenses include rent or mortgage payments, utility expenses, and food costs.

Another right encompassed in the seaman’s right to receive maintenance and cure is the right to bring a maintenance and cure action or lawsuit against an employer who either refuses to provide the benefits or provides inadequate benefits. A seaman who is forced to bring a claim against his employer to enforce his right to receive maintenance and cure may be entitled to make a claim for attorney’s fees for this cause of action. A seaman’s right to receive maintenance and cure ends when he reaches Maximum Medical Improvement or MMI.

The Jones Act covers ALL U.S. Citizens working offshore world-wide, Resident Aliens (green card holders) and arguably any foreign national working within the United States Terroritorial Waters or upon a US Contracted Vessel, while under a US work visa!

Unlike individual U.S. States setting severe limits on Work Comp cases, the Jones Act allows the seaman to pursue criminal and civil litigation within either US Federal or State Courts and solely at the discresion of the seaman and not limited by the severe restrictions of individual State limitations of settlement.

[Oldschool]

Hey Scott,

Yep…back in da daze VERY VERY few of us Yanks worked anywhere in Asia! Fook sakes Scotty…we be getting long in da tooth 😆 No one wanted to deal with the Jones Act liability. Most of us got around that eyesore by moving to Asia and establishing residency in Thailand, the Philippines, Singapore, etc. Back then the US Tax Code made this attractive, but not anymore.

With all of the ROV companies having US based orificies now, it would be easy for any lawyer to bring about a suit for anything within the US courts or even through the Hague, regardless the location of the incident.

[Oldschool]

James:

The Jones Act covers ALL U.S. Citizens working offshore world-wide, U.S. Resident Aliens (green card holders) and arguably any foreign national working within the United States Terroritorial Waters or upon a US Contracted Vessel, while under a US work visa!

[Oldschool]

ONE MORE: All Yanks and foreign nationals holding US Tourist visas, enjoying the frills of a vacation cruise aboard any of the cruise lines departing from the US, are all covered by the Jones ACT!

However, you ae also covered under that nasty US Coast Guard "Club Fed" Issue that can get ya a 5-year holiday at Ft. Leavenworth if ya fancy headbuttin ya ship mates.

Best keep the football hooligans at home or sicked upon the French lads 😆

[Oldschool]

Galleon Wrote:

My understanding would be that if the Coast Guard would have been called, the assailant would have been arrested. Then the US Coast Guard would charge him with attempted murder. 5 years in club fed. Nationality doesn’t apply as he broke the law in US waters, so it follows US federal law. Offshore there are no doctors or hospitals..everything is hard metal onboard, and if you hit your head and fell overboard…well thats murder. Have to make it strict to keep all the rednecks and ex-cons from this kind of behavior all the time.

My guess is that if it was hushed up..its because they didn’t want the "foreign national" to do 5 years for being a dumbass.

That’s a spot-on assessment of why the guy was aided in escaping justice. I don’t think the charge would have been as severe as "attempted murder" though 😆 . The offender would have been charged with assault, battery and probably a security breech within a T.W.I.C. Program Vessel Area. The USCG would have locked his arse up and he would have been arraigned in a US District Court. After plea bargaining, the individual would have received a fine, got deported and had his TWIC and US Work Visa revoked.

However, the "misplaced concern" over this poor cunt getting his peepee whacked, is pathetic in light of the more severe criminal actions the vessel magangment committed in getting him out of the US!

Now the guy who got assaulted can sue the vessel captain, the vessel owners, the vessel operators, the vessel leasors, the bodyshop agency, etc. The USCG will investigate and request US Federal arrest warrants against those responsible for aiding and abeting the flight of a felon from justice, kidnapping, conspiracy, and a very long laundry list of everything else the attorneys will conjure up!

On a bright note, the guy who took the thumpin will eventually receive very large settlements from all of the above listed companies, have his medical paid for life and retire laughing his arse off. He will also receive the satisfaction of testifying at the Grand Jury Arraignments of all responsible parties for violating his civil rights and sitting in the audience (having a most satisfying wank) as stiff fines and jail sentences are handed down.

[Gyrohead]

Unfortunately this account is only from one side. Just can’t believe the Captain and Client would put themselfs and the companies they work for in this position. However the US of A is after all Ripleys country – believe it or not.

Well I guess this is one way of dealing with the slowdown in work as a result of the credit crunch. If you don’t pull your weight and become affraid of not getting another hitch, take one on the chin and sue, sue, sue… Only in America

[Wade Berglund]

To Gyrohead

Hey mate, it is not only in the USA….check out this story, all the way from East London.

http://www.timesonline.co.uk/tol/news/uk/article6012661.ece

Sorry James, a bit off topic, but I just wanted to show that the whole world is so small that some people can go to court on a perceived or real damage, and dependant on the judge and evidence shown a very large settlement could and may be awarded. It is not only in the states but everywhere!

[Scott Beveridge]

Unfortunately this account is only from one side. Just can’t believe the Captain and Client would put themselfs and the companies they work for in this position. However the US of A is after all Ripleys country – believe it or not.

Well I guess this is one way of dealing with the slowdown in work as a result of the credit crunch. If you don’t pull your weight and become affraid of not getting another hitch, take one on the chin and sue, sue, sue… Only in America

The client is British…..

[Paul]

Hello old School…

Mate, sounds like a fun trip, was this a dream or has this happened..?
I’ll keep it short as it’s late but I would take the Client, Client Rep, Superintendant / offshore manager and Capt to trial. Basically anyone who saw anything, any previous history on perp, all comments, logs, anything leading to the event needs to be tabulated and packed away as this will all be physical evidance when they get dragged into court. And you will have the power to do this, anyone who held you back, conspired to deceive you or alter the course of judition is deeply in the shit…maybe in Asia or even Australia you might get away with it but not the US where they love this shit. you would have to be a complete knob jockey to even contemplate not assisting you, What was the Supt and Client rep thinking..? do they realise they can go to jail…and the capt for not acting..? what tha..?

I would go the jugullar…there is so much scope there that this is a retirement case…you lucky bastard!!

time for some sleep…

[Oldschool]

Barron,

Cheers for the appearance and soverign utterance…been a long time since "god" has spoken on the forum 😆 ! You should get out more Mate.

No dreaming, maybe lucid nightmares. Case has such $$$ and rumors potential that another "agency" is calling about the details in hope of the competitor agency going belly-up over this one 👿 , fooking bottom dwellers 😯

There’s been an ongoing thread here regarding wire rope lube. Coincidence??? or several individual’s soon to be reality required to sooth their shagged arses in Club Fed. With the federal offenses committed, these boys could end up having more pipe laid to em than StenaCoflexip 😈

Cheers Mate!

[Paul]

Greetings OldSchool

Yeah I know…I should get on more often as this site has all the gossip…but what led me here was via news from an indivdual who works for the ROV contractor…seems like I know which group is looking at "buying" into the deal with the usuall brown paper bags and since this Personnel contractor from Houston’s "best mate" is still offshore…that doesn’t leave to many out there in a position for crew placement…should narrow it down sum… 💡 💡

So anyway my old son…here’s hoping the lawyers are booked and the information is ready because my guess is they will work hard and buy / pay / bribe anyone with information which will discredit you…

Good hunting… 😆 It sounds like everyone here is batting for you…

[Author]

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