If you are a seaman who has been injured as a result of your employer’s negligence, you are likely aware that you can seek compensation from your employer for the expenses and impacts of your injury through a Jones Act claim. What you might not be aware of, however, is that – like most types …
What Are Maintenance and Cure Benefits?
The Merchant Maritime Act of 1920, or Jones Act, states that any maritime worker injured while on the job is entitled to receive maintenance and cure benefits from their employers. Maintenance and cure pays for the day-to-day living expenses as well as medical expenses associated with the injury. These benefits are awarded regardless of how the off-shore accident happened …
How Much Is My Offshore Injury Case Worth?
With offshore accidents and injuries being reported countrywide, no two cases are precisely the same. This means their compensations are not the same either. The amount of compensation that you can receive for your offshore case depends on the damages caused. If anything, there is no specific formula for the juries, insurance companies, or defendants to …
What Laws Protect Maritime Workers?
There are several laws protecting maritime workers injured on the job. The most prominent of these include: The Maritime Marine Act of 1920 (Jones Act) The Death on the High Seas Act (DOHSA) The doctrine of unseaworthiness Maintenance and cure Be aware that if you are a maritime worker and have been injured on the …
When Can I File an Unseaworthiness Claim?
You can file an unseaworthiness claim if you suffered injuries while working on an offshore vessel because of the condition of that boat. You have up to three years to file this type of claim per 46 U.S. Code § 30106. An unseaworthiness claim could allow you to recover compensation for the harm you suffered, …
What Damages Can Be Recovered in a Jones Act Claim?
Qualifying seamen and other offshore workers could recover compensation by filing a claim based on the Jones Act, 46 USC §30104. The damages that can be recovered in a Jones Act claim depend on the maritime worker’s specific expenses and losses. In general, they could recover benefits they might otherwise receive if they qualified for …
Can Dockside Workers’ Injuries Be Covered By the Jones Act?
The Jones Act can cover dockside workers’ injuries, but this is relatively rare. In most cases, they will not qualify as seamen under this law unless they work offshore regularly. However, some maritime laws and provisions give dockside workers a way to pursue compensation and benefits after a work-related injury. A maritime injury attorney can …
Are All Maritime Workers Covered By the Jones Act?
All maritime workers have rights and options for legal action after suffering an on-the-job injury. However, not all qualify to take these actions or recover the benefits provided by the Jones Act. The Jones Act applies explicitly to qualifying seamen. So, no, not all maritime workers are covered by the Jones Act. The Jones Act, …
Can I File a Jones Act Claim Against a Shipowner?
You can file a Jones Act claim against a shipowner under some circumstances. For example, this type of case could be possible if you suffered an on-the-job injury or a work-related illness as a worker on an oceangoing vessel. You may be able to prove negligence and recover compensation for your injuries against the responsible …
Do I Have to See the Company Doctor for a Jones Act Claim?
As a maritime worker, you have rights under the Jones Act to file a claim and recover compensation for any damages and injuries you sustained. Before you begin filing your claim, it’s best to complete your medical treatment for your injuries as much as possible. While your employer can recommend that you see a doctor …
How Is Maritime Law Different from Personal Injury Law?
In the case of a marine accident leading to injuries, most victims are unsure of whether to follow the maritime law or personal injury law in their pursuit of justice. At Morris Bart, we are well versed in both of these areas, so you can rely on our expertise to help seek compensation on your behalf. …
What Is a Jones Act Case?
A Jones Act case is an injury case based on a specific part of maritime and admiralty law known as The Jones Act. These claims seek to recover compensation for the claimant’s damages following an injury accident on a boat or another qualifying offshore vessel where state laws may not apply. This protection includes accidents …
What does the Jones Act Do?
Workers on sea-faring vessels — or those in areas where customary state laws related to workers’ compensation may not apply — are left without state-mandated coverage. These jobs often put them at risk of serious accidents, chronic injuries, or exposure to chemicals that could lead to illness. The Jones Act provides a means for workers …
Does the Jones Act Apply to Airlines?
The Jones Act may apply to airlines, but determining if it applies in your case is complex, as many US court cases have demonstrated. Since airlines are “common carriers,” they have to provide a high duty of care to those who use their services. Many also provide workers’ compensation benefits for employees. The best way …