If you work offshore or in an inland maritime occupation, it is important to know if you qualify as a “seaman” under the Jones Act. The Jones Act entitles seamen to financial compensation when they get injured at work, and many offshore and maritime jobs are among the most dangerous jobs in the United States.
If you qualify as a seaman under the Jones Act, you have the right to receive maintenance and cure benefits when you get injured on the job. You are entitled to these benefits regardless of how you got hurt (with a few rare exceptions), and your employer is supposed to pay promptly without putting up a fight.
Under Texas law, most employers are required to provide workers compensation coverage for most employees. Unfortunately, this does not apply to employees who work offshore. But, there are federal laws that protect offshore workers; and, if you’ve been injured on the job, a Texas offshore accident lawyer can help you seek benefits for your injury. How Do I Seek Benefits if I Am Not Eligible for Workers Compensation? In most cases, workers who get injured offshore can seek benefits under the Jones Act. The Jones Act is a federal law that Congress enacted in order to provide benefits to workers who do not qualify for workers’ compensation benefits because they work on the open water. What Benefits are Available Under the Jones Act? The Jones Act provides “maintenance and cure” benefits to all eligible offshore workers. These are similar to workers’ compensation benefits in that they are designed to help cover your medical expenses and a portion of your lost income. However, maintenance and cure benefits are typically much less than the benefits available through workers’ compensation. For this reason, the Jones Act affords additional options to injured workers. Under the Jones Act, offshore workers can also file claims for: Jones Act Negligence – If your employer is to blame for your injury (i.e. if it failed to provide adequate safety equipment or paired you with untrained crew members), a Texas offshore accident lawyer may be able to help you file a claim for Jones Act negligence. Unseaworthiness – If […]
If you live in Louisiana and got injured working offshore, you may be able to collect financial compensation by filing a claim under the Jones Act. While some offshore workers try to file Jones Act claims on their own, this is a mistake—and it often proves incredibly costly. Your best option is to hire an experienced Louisiana maritime injury attorney to help you, and you can do so at no out-of-pocket cost. 5 Reasons to Hire an Attorney for Your Jones Act Claim in Louisiana Why should you hire an attorney for your Jones Act claim in Louisiana? Here are five important reasons to seek experienced legal representation: 1. There are Strict Legal Requirements for Filing a Jones Act Claim The Jones Act is a federal law that provides benefits to qualifying offshore and maritime workers. But, in order to secure Jones Act benefits, you need to meet the law’s strict requirements. If you make any mistakes when filing your Jones Act claim, you could end up without the benefits you deserve. 2. There are Different Types of Jones Act Claims Many offshore and maritime workers do not realize that there are different types of Jones Act claims. While maintenance and cure benefits are available under the Jones Act on a “no-fault” basis, these benefits are limited—and they are not the only benefits available. In many cases, injured workers can seek additional compensation for unseaworthiness and Jones Act negligence. 3. You Are Responsible for Calculating Your Losses When you file […]
If you work offshore or dockside in Florida and you have been injured on the job, you need to be very careful to protect your legal rights. Here is an overview of what you need to know and how an experienced Florida maritime injury lawyer can help you seek just compensation: Who is Covered by the Jones Act? The Jones Act covers anyone who is a permanent or significant worker on a vessel, such as a crew member. It provides maintenance and cure benefits to “seamen” who suffer work-related injuries, and it provides additional compensation to those who are injured due to their employers’ negligence or a vessel’s unseaworthiness. The Jones Act does not cover employees who only work on vessels temporarily, such as harbor workers. However, harbor workers may be eligible for benefits under the Longshore and Harbor Workers Compensation Act (LHWCA). What is a “Vessel?” Under the Jones Act, a “vessel” is any type of professional or personal watercraft. This includes recreational boats, barges, cargo ships, tanker ships, cruise ships, and tugboats, among many others. Fixed platforms on the water are not considered vessels under the Jones Act, but individuals who work on fixed platforms may be able to file claims under the Outer Continental Shelf Lands Act (OCSLA). What Does “Unseaworthy” Mean? A vessel may be considered “unseaworthy” if it is physically defective or is not properly equipped—lacking life jackets or first aid kits, for example. A vessel may also be considered unseaworthy if it is staffed […]
If you have been injured working on a boat or other vessel, recovering compensation for your injury may involve filing a claim under the Jones Act. The Jones Act is a federal law that applies specifically to individuals who work onboard “vessels in navigation,” which includes vessels docked at port, operating on inland waterways, and out at sea. The amount you can recover under the Jones Act depends on several different factors. Here, offshore accident attorney David Willis answers some frequently asked questions (FAQs) about compensation claims under the Jones Act: How Much Can I Recover Under the Jones Act? In order to determine how much you can recover for your injury, you first need to know which type of Jones Act claim you can file. There are two types of Jones Act claims: (i) claims for maintenance and cure, and (ii) claims for Jones Act negligence. If you have a claim for maintenance and cure, your injury-related medical expenses should be covered, and you should receive a “maintenance” payment as well. Typically, maintenance payments are in the range of $15 to $40 per day. Why are Maintenance and Cure Benefits So Low? Maintenance and cure benefits are so low for two main reasons. First, these are “no-fault” benefits, which means your employer is required to pay even if it is not responsible for your injury. Second, “maintenance” benefits are only intended to cover your basic expenses while living onboard a vessel—they are not intended as a full replacement for […]
