Finding Representation for a Jones Act Claim
The Jones Act is one the laws designed to protect maritime workers who are injured in the course of their employment. While people sometimes think of the Jones Act and other related maritime laws as similar to workers’ compensation, these laws have several notable differences. The Jones Act in particular only applies to individuals who qualify as seamen, and it serves to allow seamen to file a form of negligence claim against their employers in the event that a seaman suffers an injury or illness during the course of his or her employment. Jones Act claims also differ from standard negligence claims because they only apply to a certain set of individuals, and because they create a lower standard of negligence, so that seamen have a greater chance of recovering than a plaintiff in a standard negligence lawsuit.
While the Jones Act is one of the main laws protecting maritime workers, it is not the only type of claim an injured maritime worker has to opportunity to file for. Because of the various types of claims an injured seaman can file and collect under, and because of the unique nature of maritime law, injured seamen should seek out the representation of a seasoned maritime attorney to handle their claim.
When you need an attorney
While not every maritime employment injury claim may require an attorney to handle it, you should never hesitate to speak with an attorney. Seamen face serious risks in the course of their employment, and the injuries suffered are often severe. If your claim is for a serious, and therefore expensive injury, or if you receive any form of push back from your employer or the insurance company, you should reach out to an attorney.
It is a good idea to at least consult with an attorney no matter what your claim is based on, because employers and insurers are not often keen on paying up the entire amount an injured seaman is entitled to. From the minute the injury is reported, the injured seaman will likely be asked to fill out an injury report and possibly to give a statement regarding the injury to the employer’s insurer. All of the information an insurer receives will be scrutinized by the company, and they will look for any reason to deny the claim, or to pay out less to the injured individual. The injured person may be asked to sign things when they are not ready to because of their injury, or because of the medication they are taking as a result of the injury. Additionally, settlement offers might be made early on that are actually for a far lower amount than what the injured worker will need to cover his or her medical bills, or to cover the cost of living during the recovery time. In many cases, the injured seaman is entitled to recovery far more than medical care and maintenance during recovery.
By speaking to an attorney and giving the attorney the case specific facts for your claim, you can learn what you are entitled to, and what pitfalls to avoid when speaking to representatives from your employer and the insurance company. Consulting with an attorney early on can help you avoid making mistakes that will make your claim more difficult later on in the process.
How to pick an attorney
Given the fact that maritime laws related to employee injury claims are different from those related to land based employees, its best to find an attorney who has experience in maritime law, and with representing seamen in Jones Act claims specifically.
You should speak to an attorney and relay to him or her all of the facts related to your injury or illness, and your claim. The attorney should be attentive and display a true interest in your case, and be able understand the terminology and equipment related to your job. Also, bring a list of any questions you have for the attorney, including anything about what to expect in the claims process, and how the attorney interacts with his or her clients.
If you are an injured seaman, there is so much riding on how you handle your claim for compensation. At Stern Law, PLLC our experienced maritime law attorneys understand what is at stake, and we are ready to aggressively pursue the compensation that you are entitled to, and to fight to ensure that your rights are protected throughout the process.
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 your maritime employment related injuries. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.
