Jones Act Claims Process FAQs
The Jones Act is the federal law under which seamen injured during the course of their work can collect compensation for their injuries. While it serves a similar purpose to workers’ compensation, it does have some notable differences. If you are an employee who performs maritime work, and have suffered an injury as a result of your job, here are some answers to questions that you might have about the Jones Act.
Who is covered by the Jones Act?
The Jones Act covers seamen, although is does not provide a definition of the term. Based on court decisions, the Jones Act covers those individuals who work on navigable waters, as in waters that can be used for interstate or international commerce, and who spend a considerable amount of time on a the vessel. While there is no concrete answer for how much time they must spend on the vessel, somewhere around 30% is a guideline that is sometimes used.
What types of injuries are covered by the Jones Act?
The Jones Act covers injuries that occur during the course of a seaman’s work on a vessel. Unlike workers’ compensation, it is possible for workers filing claims under the Jones Act to file claims for negligence. This means that if a seaman is injured as the result of a negligent act by an employer or co-worker, the injured seaman can file a suit for negligence, and collect more types of damages than a worker on land would collect if they were injured at work. The damages recovered for a negligence claim can include wages lost, medical bills, pain and suffering and in some cases, punitive damages for truly egregious acts.
If the incident did not involve negligence, maritime law has other forms of remedies that apply in under different circumstances.
What should a seaman do if injured at work?
If a seaman is injured at work, he or she should seek medical attention first and foremost, even if the injury does not seem that severe. Some injuries turn out to be worse than initially thought. Hesitating to seek medical treatment immediately can be cause for an insurer to question your claim. Similarly, be sure to report the incident as soon as possible. The Jones Act gives you seven days to report, but you should do so sooner since any delay will also be cause to question your claim. Be cautious about filling out reports, especially if you are not well, or medicated. Speak to an attorney as soon as possible.
Should I hire an attorney?
You should consider hiring an attorney to help you through the claims process. Given the numerous possible types of claims an injured maritime worker has the opportunity to file, you might want an attorney to review your claim to determine the best course of action for you. Additionally, speaking with an attorney right away will help you know how to deal with the insurer, who is looking for ways to lower the amount you collect.
What if my employer retaliates against me?
Retaliation against an employee for filing a Jones Act claim is illegal. This does not mean it never happens or that employers do not make this threat, but if they do, they are in violation of the law. If your employer has threatened such action, be sure to speak with your attorney.
Contact Stern Law, PLLC for A Free Consultation
At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you in order to find the best strategy for seeking compensation for injuries suffered by maritime workers. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.
