Attention Injured Maritime Workers – A Guide on How to Recover Compensation Under the Jones Act
Most Americans rarely think about seamen and their plight as regards to injuries they may sustain while on the job because they are largely hidden from popular culture except for groups such as the Navy. Seamen encompass many industries such as freight, transportation, fishing and so on, and they face unique challenges at their jobs, making it important to take their welfare and health into consideration.
Maritime workers have for a long time been overlooked as many assume that injuries rarely happen out in the water as the hazards may be limited. However, one may get injured on a boat while working, and because of this, the Jones Act was passed decades ago to help compensate injured seafaring individuals. Passed in 1920, this piece of legislation outlines the rights of maritime employees as well as stating the responsibilities of employers when it comes to keeping their workers safe.
With the Jones Act, your rights are protected regardless of whether your injuries were caused by unseaworthiness or negligence, or any other workplace hazard. If you’re a maritime worker who sustained injuries or developed an occupational illness, it may be unwise of you to represent yourself with regard to seeking justice and compensation as the Jones Act legislation may be nuanced and complex, and there are certain clauses and exceptions you must be aware of in order to ensure your compensation is locked in. to this end, legal representation is key as it will not only clarify these nuances, but it will also expedite the process, helping you get your compensation in as little time as possible, something we can help facilitate on your behalf.
Are you looking for a best maritime worker injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced maritime injury worker lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans from all corners of the country as well as walks of life, and in the process, we’ve been able to recover over $260 million for these individuals thus far.
The secret to our success and what makes us different from other maritime injury law firms is our ability to litigate cases to completion, recovering favorable judgments for our clients thanks to our courtroom expertise and experience.
By contrast, most law firms simply engage the insurance company in settlement negotiations the result of which are paltry client payouts which are insufficient for their medical treatment, rehabilitation and other pertinent needs.
In addition to having nationwide reach thanks to our network of referral attorneys and law firms, we run a bilingual firm, and we also take on all cases on contingency fee basis which simply means there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you are a maritime worker that sustained injuries and are looking for stellar legal representation, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – the call is 100% FREE, and there is no legal obligation.
Jonest Act Provisions for Injured Maritime Workers
The Jones Act was established in the wake of World War 1 and the unique needs of American seamen at that time. The country realized that a robust maritime workforce was essential in protecting its military and commercial interests, and therefore the needs of maritime workers took a front seat, helping provide them with legal recourse in the event of an injury or any form of negligence while out at sea. The Jones Act is different from traditional workers’ compensation as it allows seamen to recover damages for things like lost wages, medical expenses accrued and lost wages, among others.
Key Characteristics of the Jones Act:
- In order to be considered a “seaman”, one must be employed on a vessel which goes out to sea or any body of water, and this water must be navigable such as lakes, oceans and rivers.
- The worker must also have a substantial connection to the vessel which means they must spend a considerable amount of time on it.
How to Qualify for Compensation Under the Jones Act
When it comes to compensable actions, one can seek financial relief if it is established that the employer did not offer a safe working environment for them or trained them with regard to the various hazards and how to manage potential accidents. In addition, one can qualify for compensation under the Jones Act if it is determined that the vessel is not seaworthy, which can include things like faulty equipment or the lack of safety infrastructure to prevent accidents and consequent injuries in the first place.
Under the Jones Act, You Can Recover of the Following Damages:
- Lost wages
- Disability compensation
- Pain and suffering
- Medical expenses
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The Jones Act however operates under the 30 percent rule. This rule states that the negligence or unseaworthiness of the vehicle must have contribute to their injuries by up to 30 percent degrees in order to be compensation. This threshold to compensation also takes into account comparative negligence whereby if you are found to have been at least 12 percent at fault for your injuries and your employer 30 percent, you will still be able to recover compensation, but the amount may be adjusted taking into consideration your 12 percent.
Once you get injured while on a vessel, make sure to report the same to your supervisor so there is a formal record of the incident. In addition, seek medical attention so that you get started on the journey towards recovery but also to have objective medical evidence pointing to your injuries. Do not throw away any documents or delete communications with your employer as this will act as evidence while building a strong case.
There is so much we haven’t talked about as regards to how much maritime injury cases are worth, and it’s because of this that we would like to ask you to give us a call TODAY at (314) 481-63338 so we can assess your case to determine what it may be worth as no two claims are alike. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to hearing from you.