| Injuries Under the Jones Act & Maritime Law- Talk to a Lawyer
Jones Act is a law enacted by Congress that provides protection
to persons who are members of the crew of a
ship or vessel. The Jones Act applies to inland river workers as
well as offshore workers who work on a jackup rig, semi-submersible
ship or rig, barge, drill ship, tug / towboat, crew boat , drill
ship, dredge, floating crane, tanker, cargo ship, fishing vessel,
chemical ship, research vessel, construction barge, lay barge,
motorized platform, diving vessel, cruise ship, recreational boat
or other floating / movable structures. The Jones Act 46 U.S.C.
688 (1970) governs the liability of vessel operators and marine
employers for the work-related injury or death of an employee.
It is a federal cause of action, meaning that the United States
Congress intended for all seaman's injuries throughout the nation
to be guided by the same liability standards of the Jones Act.
If you are a seaman and have been injured on a ship or vessel and your employer is not paying your medical bills, refusing to send you to a medical specialist or not paying you maintenance, then call us for a FREE CONFIDENTIAL CONSULTATION at 1-800-883-9858.
Although the Jones Act protects seamen, it is not the same as
workers' compensation. It does not require payment regardless of
fault. In order for a worker to recover under the Jones Act, a
worker must prove some negligence or fault on the part of the vessel's
owners, operators, officers, and/or fellow employees or by reason
of any defect in the vessel, its gear, tackle, or equipment. The
Jones Act provides an injured seaman a remedy against his or her
employers for injuries arising from negligent acts of the employer
or co-workers during the course of employment on a ship or vessel.
This means that the employer must do something unreasonable or
fail to perform a reasonable act that would have prevented injury
in order for the seaman to win his claim. An injured worker's maritime
claim under the Jones Act can also raise claims against a vessel's
owner that a dangerous condition existed on the vessel that made
the vessel unseaworthy.
! The rules for determining what types of
maritime law or cause of action would apply in a given situation
complicated and the wrong tactic or incorrect claim can threaten
your success in this matter. Call an experienced attorney, If you
have sustained a serious injury that threatens your ability to
continue working or your ability to work without physical pain.
Do not let a simple mistake ruin your chance for recovery.
INJURED WORKER'S RIGHTS UNDER THE JONES ACT
If you are a crewman on a boat or vessel and were injured while
working, you will be entitled to sue your employer for injuries
caused by your employer's negligence under a federal law called
the Jones Act. Offshore drilling rigs, drill ships, barges and
other motorized structures which are moveable and which float from
hole to hole (semis and jackups), are considered vessels under
the Jones Act. If you are a member of the crew of such a vessel
and were injured while in the furtherance of your employment, then
your employer will be responsible for paying your medical bills
(called cure) and paying you a small daily allowance (called maintenance)
during the time you are injured. In addition, you may be able to
file a lawsuit against your employer if your employer was negligent
or if there was something wrong with the vessel which made it unfit
for its intended purpose. In a Jones Act lawsuit you may seek to
recover past and future economic loss, pain and suffering, mental
anguish, disfigurement, loss of capacity to enjoy life, loss of
the ability to perform household services and take care of yourself,
and other damages recoverable under the maritime law.
JONES ACT & MARITIME
PERSONAL INJURY LAWSUIT
There are also time deadlines that apply which may prevent you
from bringing your claim if they are not met. Depending upon where
the accident happened and what law applies, the deadline can be
one to three years from the date of the accident to file a lawsuit.
Moreover, to preserve certain claims, you may need to take steps
even before the FIRST anniversary of the accident. Before your
lawyer can take steps to protect your interest, he will need time
to investigate the parties involved and make sure he has enough
information to properly assert the claim.
TALK TO LAWYER - GET YOUR QUESTIONS ANSWERED
Call for a Free Confidential Consultation. There are no legal
fees or court expenses charged to the client unless we obtain a
recovery for the client. * Mr. Willis has been licensed for over
20 years and is a Board Certified Personal Injury Trial Lawyer
certified by the Texas Board of Legal Specialization. Mr. Willis
is licensed in the State of Texas, nationwide representation is
available with the association of out of state counsel
After an accident, time becomes your enemy. It is important that
an investigation is begun to determine the critical facts of the
case, names of the witness and securing their statements. It is
critical in any lawsuit and especially in a maritime action due
to the nature of the remote location of most accident sites and
uncertain work schedules and trips of the crewmen . Also if you
are concerned that your employer will cut off your benefits or
retaliate against you if you hire a lawyer, then call us and let
us explain your rights under the Jones Act. Either way, call us
if we can help.
Call Toll Free at 1-800-883-9858 or 1-800-468-4878
CLICK HERE to Contact us by E-Mail.
If you have been seriously injured while as a member
of the crew of a boat, jack-up rig, tug boat, barge or other marine
ship or vessel, then call us for a Free Confidential Consultation.
Talk to Board Certified Personal Injury Trial Lawyer with over
20 years of experience. (Click Here)
If I am injured on a ship, should I give a statement
to my employer ? When should I file a notice of injury report ? Under
the Jones Act, do I have the right to choose my own medical doctor ?
What does maintenance and cure mean
under the Jones Act ? Under what circumstances can I recover pain & suffering
and loss wages under the Jones Act ? (Click
does it mean for a ship to be unseaworthy ? Under the Jones Act can part
of the ship or vessel be seaworthy and another part unseaworthy? (More)
Under the Jones Act and maritime law, what is the
deadline or Statute of Limitation to file a claim or lawsuit if I was
injured on a ship or vessel ? (More)
What if I am not a Jones Act seaman, but I was injured on a ship, vessel or an offshore oil rig or platform ? Does maritime law still apply ? Can I file a maritime claim or lawsuit to recover for my injuries? (More)
Can I file a Jones Act claim if my loved on has been diagnosed
with asbestos lung cancer or mesothelioma from asbestos exposure while
working on a ship or at the shipyard ? (More)
Does maritime law protect me if I was exposed to benzene and later I am
diagnosed with leukemia ? (More)
What if my spouse is killed while at sea? Does the Death
on the High Sea Act (DOHSA) apply to all deaths on ships vessels, helicopters,
ships on the high seas?
(More DOHSA info)
What are my legal rights if I have had a previous or old injury but now I have suffered a new injury to my back and neck and may need surgery but the Maritime Insurance company's adjuster says I am not covered and he will not approve it ? Yes, you are covered whether it is aggravation of a old injury or new one, if you were a Jones Act seaman injured on the vessel and the employer was at fault or negligent then you can file a Jones Act lawsuit for any type of injury such as heart attacks, strokes, head injury, brain damage, paralysis, burns, broken bones, paraplegia, quadriplegia, loss of an arm or leg, blindness and for emotional trauma or mental anguish, disfigurement, medical expenses and for loss wages or lost earnings in the past and future.
(Jones Act Lawsuit Damages)
NOTE: The statements and information provided on this web site are for the informational purposes only. This site is not intended to provide legal advice to the reader and NO attorney-client relationship shall be deemed to arise from the receipt this page and/or its associated pages or any oral or e-mail communication to or from with David Willis or The Willis Law Firm. There will be NO lawsuits filed, claims made, letters or phone calls made for a prospective client, until that person is represented by the firm. An attorney client relationship only arises after the attorney and client have signed a written attorney client agreement, after the attorney has evaluated the background facts provided and has accepted the representation of the client's legal action.
Mr. Willis is a licensed attorney in New York and Texas. Principle office is Houston, Texas.
He is a Board Certified in Personal Injury Trial Lawyer, certified by the Texas Board of Legal Specialization.
Mr. Willis has represented clients in maritime personal injury, barge accidents, boating accidents, transports, crew boats, diving accidents, rig workers, injuries in river, lakes, canals, ICC, wrongful death lawsuits, oilfield accidents, oilrig accidents, tankers, shrimp boats, fishing vessels, tug boats, push boats, auto accident, explosions, crane accidents, rollover, asbestos, mesothelioma, sandblasters disease - silicosis, benzene solvents-aml leukemia, MDS, toxic chemical, lung cancer, 3rd party actions, electrical shock, fires, burns, explosions, helicopter crashes, tugboats, trucking accidents, third party lawsuits, and other product liability and negligence cases from across the United States, including clients from Alabama, Arkansas, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Virginia, Mexico, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, Nebraska, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, West Virginia & Wyoming.
Further, any statement or reference to past personal injury, products liability lawsuits, settlements or verdicts should NOT be relied upon in one's own case or in your decision on which law firm to hire. All cases, facts, injuries, damages, venues and lawsuits are different and there is NO way to predict the outcome of a particular case, verdict of a jury or judge or the strength of a case before a judge, jury or the appellate court system. The client is responsible for all of their own medical expenses. All cases are handled on a contingent fee basis. No attorney’s fees or case costs charged to client, unless a recovery is made for the client. Often in very serious and catastrophic maritime injury and offshore seaman injury cases Mr. Willis may associate with another attorney as co-counsel and in other matters, the case may be referred. In cases where a legal matter is referred, Mr. Willis will continue to maintain joint responsibility with the handling attorney or lead counsel and actively monitor the progress and development of the case