When a worker who spends much of their time at sea is injured, the Jones Act offers protection and compensation. However, obtaining all the compensation you are entitled to receive often requires legal assistance from an experienced maritime injury attorney.
Contact a Midland Jones Act lawyer for help to ensure you obtain the compensation you are owed after this devastating incident.
Offshore jobs are known to be dangerous. People work in close quarters on a vessel under hazardous conditions, often using power tools and heavy equipment. Accidents are common under these conditions.
Any accident that can happen onshore can happen at sea. Workers can slip and fall, may be struck by falling objects, or could experience many other accidents or illnesses, in the course of their work. Our attorneys in Midland represent Jones Act-eligible workers suffering from:
Seamen also may suffer serious complications from infectious diseases like COVID, viral pneumonia, and the flu.
Appropriate medical attention may not be immediately available at sea, and workers often face pressure to work through illness or injury rather than take the time they need to recover. When maritime workers cannot work due to an illness or injury sustained at sea, they should contact our committed work accident attorneys about pursuing their rights under the Jones Act.
The Jones Act is a federal law that offers protection for seamen who are U.S. citizens or permanent residents. Under the law, seamen are men and women whose work takes place on vessels under navigation. A seaman’s work must contribute to the vessel’s functioning, and a seaman must spend at least 30 percent of their working time on board.
The Jones Act provides seamen various valuable rights, including the right to a reasonably safe work environment and employment on a seaworthy vessel with a competent crew. Ill or injured seamen are always entitled to maintenance and cure, meaning they receive free medical care and reasonable daily expenses while they are unable to work.
The benefits the Jones Act provides are superior to those the Workers’ Compensation program offers land-based workers. The Jones Act at 46 United States Code § 30104 allows a seaman to file a lawsuit if the employer does not meet the obligation of seaworthiness or when negligence causes a seaman’s illness, injury, or death. Our personal injury lawyers are skilled at shepherding civil actions against maritime employers on behalf of seamen.
A fundamental step in filing a Jones Act claim is to notify the employer of the injury as quickly as possible. Ideally, a seaman immediately notifies their supervisor, who completes an accident report that is forwarded to the employer’s HR department and entered into the captain’s log. The seaman also should seek medical attention from the ship’s healthcare provider and retain copies of the medical reports.
The accident report and medical records are fundamental to a successful Jones Act claim, and a Midland attorney could use this information to prove that the accident was due at least in part to the employer’s negligence, and that it caused an injury. It is not necessary to show that the employer was primarily responsible for the accident; they only need to prove that action or inaction by the employer, the captain, or another crew member contributed to the incident.
The seaman is then entitled to compensation for their medical expenses and lost wages not covered by maintenance and cure. The seaman also can collect money for their loss of future earning capacity, future medical costs, and pain and suffering.
Seaman face, many hazards when doing their jobs, and injuries that require medical treatment happen frequently. The Jones Act provides seamen with valuable protection, but asserting a claim and getting full compensation can be challenging. Work with a Midland Jones Act lawyer who has deep knowledge of the industry and can ensure you obtain all the compensation you deserve. Call us today.
SMS Legal