All maritime workers are at high risk of on the job injury especially because they can be far away from medical attention after an emergency occurs. Seamen are protected by The Jones Act, which allows them to seek compensation for their injuries caused by their employers or coworkers on a vessel.
A victim must be able to prove the employer was being negligent and the vessel was not seaworthy or they failed to provide medical care. The best thing to do if you find yourself in this situation is to contact a knowledgeable maritime attorney. An attorney will explain all the legal components involved in a claim as well as ensure that you get the compensation that you deserve. The Jones act allows a seamen to recover damages for both past and future economic and non-economic losses. Sources of compensation can come from three different sources unseaworthy vessels, maintenance and cure and liable third parties.
A vessel is considered unseaworthy if it is not a safe place to live and work and does not contain safe equipment and have competent crew members. It can also be unseaworthy is dangers arise during its voyage.
Maintenance and cure
A seaman has a legal right to maintenance and cure, regardless of who is at fault. This is similar to the workers compensation law. Maintenance covers food and shelter that the seamen would have received if it wasn’t for injury. The cure represents the employer’s obligation to provide rehabilitation service, medical care and hospitalization to the seamen until they reach full recovery.
Liable third parties
If an injury is caused by an independent contractor aboard a vessel, then a seaman can also file claims against them as well to receive compensation.