The Jones Act is a federal statute that gives legal protections to “seamen” who are injured in the course or scope of their employment. If you have been working in the maritime industry for some time you probably have heard of the Jones Act but you may not know whether you are considered a “seaman” for Jones Act purposes.
Common Questions
- Do I Need a Jones Act or Maritime Attorney?
If you are a crew member, seaman or other maritime worker who has been injured on the job you should discuss your situation with an experienced maritime accident lawyer. Maritime injuries can be serious and can often cause a seaman to be off of the job for a long period of time, sometimes even permanently
- What Questions Should I Ask My Attorney?
When you are injured in a maritime accident it can be difficult to determine where to turn for help. While there are plenty of attorneys who may be willing to take your case, you need to be sure that you are hiring the right attorney for your particular situation.
- Who is Considered a Seaman?
- Am I Entitled to Workers’ Compensation?
Seamen and other maritime workers who are injured or become ill while working on a ship, rig, boat or other maritime vessel are not generally entitled to collect workers’ compensation benefits. These workers are typically covered under a federal statute known as the Jones Act.
- What Should I Do If I'm Hurt?
Workplace accidents and injuries are all too common in the maritime industry. Individuals who work on ships, boats, rigs, and other types of vessels and offshore structures can suffer serious and life-changing injuries when a maritime accident occurs.
- What is a Third Party Lawsuit?
If you have been working as a seaman for some time you have probably heard of the Jones Act and are likely to know of someone who has filed a claim with an employer to collect maintenance and cure benefits.You may not however be aware that injured maritime workers often have the right to sue parties other than their employers when they are injured on the job.
- Who is a Jones Act Seaman?
Under the Jones Act maritime workers who are classified as “seaman” are entitled to certain legal rights when they are injured on the job. These entitlements include the right to receive maintenance and cure payments from an employer, the right to collect unearned wages from an employer and the right to file a negligence lawsuit to recover damages when the seaman is injured as a result of the negligent actions of his or her employer.
- Should I Sign a Release for my Maritime Injuries?
When you are injured working aboard a ship, barge, tug boat, commercial fishing boat, or any other type of vessel or maritime structure, your employer is likely to take swift action to protect itself from legal claims and liability. In most situations, your company will immediately contact their lawyers who will begin a thorough investigation of the accident, interviewing eye witnesses and securing the evidence they need to defend against any potential legal claims.
- Should I Give a Recorded Statement after a Maritime Injury?
Working in the maritime industry is one of the most dangerous and difficult occupations. Whether you work on the ocean, an inland waterway or dock or harbor, you run the risk of serious injuries each and every day that you are on the job. When are injured in a work accident you need to be sure that you take the right steps to protect your legal rights.
- Workers’ Compensation or Jones Act?
When a worker is injured in the maritime industry one of the first questions asked is whether the maritime worker should file a claim for workers’ compensation “workers’ comp” or Jones Act benefits. While state workers’ compensation insurance programs and the Jones Act both provide injured workers with important benefits and compensation, the two should not be confused.
- What Makes a Vessel Unseaworthy?
While individuals working in the maritime industry are often well aware of the rights the Jones Act gives them with respect to their employers, they may not know that General Maritime Laws permit maritime workers to file a lawsuit against the vessel owner when they are injured on an “unseaworthy” ship or boat. In many circumstances the owner of the vessel will be the seaman’s employer, but in some cases the vessel owner may be a separate entity.
- How are Jones Act Settlements Calculated?
If you have been injured in a maritime accident, it is likely your employer and its insurance carrier will try to get you to settle your case. While you may be thinking there is an easy formula you can use to calculate your damages, the reality is that maritime injuries can be are complex.
- When Should I Contact a Maritime Injury Lawyer?
If you work in the maritime industry and have been hurt on the job it is important to speak with an experienced maritime injury attorney as soon as possible after your accident. When you are injured, chances are that you are going to be confused about what you should do and uncertain about your legal rights or even which set of maritime laws apply to your unique accident.
- Will I Be Fired for Filing a Maritime Injury Claim?
If you have been injured in a maritime work accident you are probably hoping your employer will take care of you and allow you to keep your job after medical care is concluded. While some employers may provide you with the support you need to recover, the unfortunate truth is that many companies in the maritime industry have been known to turn their backs on employees when a serious accident occurs.
- Can I File a Jones Act Claim if I was Hurt by a Co-Worker?
Many times when a seaman is injured on the job, the accident is the result of the actions or inactions of co-workers. Maritime work is risky and dangerous and employees must rely on their co-workers in order to perform their duties and stay safe on the job. When a crew member’s actions or omissions injure a fellow worker, the injured worker may be able to file a legal claim against his or her employer to recover financial compensation.
- What is Admiralty Law?
Many people are confused by the term “admiralty law.” They often think that admiralty law is different from maritime law. Admiralty law and maritime law are essentially one in the same –admiralty/maritime law is the body of law that regulates and governs maritime activities that take place on navigable waters such as navigation, shipping, commerce, employment matters, injuries to crew members, torts and contracts.
- Injured? – A Maritime Injury Lawyer Explains What You Should Do
If you are a seaman or maritime worker who has been injured on a ship, barge, drilling rig, tug boat, or any other type of vessel or offshore structure, you need to obtain legal advice as soon as possible. Every accident and injury case is different so it is very important to discuss your situation with a lawyer who has extensive experience helping maritime workers recover all of the compensation they are legally entitled to.
- Can I Go to My Own Doctor After a Maritime Injury?
Under the Jones Act, seamen who suffer work-related injuries are entitled to benefits in the form of “maintenance and cure,” and in many cases, they can claim additional compensation as well. As an injured offshore worker, in order to recover this compensation, you will need proof of the extent of your injuries. This means seeing an experienced medical professional.
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