If you are a maritime worker who sustained injuries while performing your job duties on a vessel, you could be eligible for compensation under the Jones Act. Such injuries often lead to expensive medical bills, rehabilitation costs, loss of income, and other damages. If so, a maritime injury attorney could help you exercise your right to pursue fair compensation.
Filing a personal injury claim against the negligent party, such as the vessel owner, demands a comprehensive legal approach. Work with an experienced Cypress Jones Act lawyer to maximize your chances of obtaining the justice you deserve.
Who Is Eligible For Compensation Under the Jones Act?
The Jones Act, part of the Merchant Marine Act of 1920, makes compensation available to seamen who suffer injuries while working on a vessel in navigable waters. To qualify as a seaman, a person must spend at least 30% of their work time contributing to the operation of a vessel or fleet. This often includes engineers, crew members, and deckhands. However, the Jones Act typically excludes longshoremen, contract workers, and harbor workers, although they may be covered by other maritime laws.
The Jones Act allows injured seamen to file claims against their negligent employers. Examples of such negligence include allowing unsafe conditions, improper training, or equipment failures.
A skilled Jones Act lawyer in Cypress could evaluate your case and explain how you may qualify for compensation.
Damages Seamen Can Recover
When a maritime worker files a claim against their employer under the Jones Act, they may be able to recover several types of damages.
Medical Expenses
Seamen can seek compensation for all medical costs related to their injury, including the cost of surgeries, medications, hospital bills, or physical therapy. With the right documentation and evidence, seamen may also be able to request compensation for future medical treatments required for their long-term recovery.
Lost Wages and Loss of Earning Capacity
The Jones Act allows injured seamen to recover lost income for work missed due to their injury. Compensation may also be available for loss of future earning capacity if the injury resulted in long-term or permanent disability.
Pain and Suffering
Unlike traditional workers’ compensation laws, the Jones Act allows injured seamen to recover damages for physical pain, emotional distress, and mental anguish caused by their injury.
In rare cases, the court may also award the injured seaman punitive damages, usually when the act of negligence that caused the injury was especially heinous.
How to File a Claim
The process of filing a claim under the Jones Act is similar to filing a workers’ compensation claim. A Cypress Jones Act attorney could help you navigate the many complexities associated with the process, such as meeting key deadlines. For example, a seaman has only seven days after their injury occurs to report the incident to their superior. During this time, they should also seek medical attention and document the treatment they receive.
Once the injured party receives immediate treatment for their injuries, they should consider hiring a lawyer. Without one, collecting compensation for injuries can be difficult. Lack of legal experience usually causes injured seamen to make mistakes when filing a claim, some of which are irreversible.
An attorney could help file a claim correctly, collect evidence, and present your case to the insurance company or the judge.
Talk to a Skilled Jones Act Lawyer in Cypress Today
If you were hurt while performing your job duties on a vessel, you could be eligible for compensation under the Jones Act. This act allows you to recover a much wider range of damages than you would when filing a regular workers’ compensation claim.
A Cypress Jones Act lawyer from Schechter, Shaffer & Harris, LLP, could guide you through filing a claim and help you get the money you deserve. Call us for a free consultation and case evaluation today.
