Jones Act Claims
The Jones Act is a federal law that sets out the rights for seaman who face work related injuries or illnesses. The Jones Act is similar in a way to workers’ compensation, in that it applies specifically to injuries and illnesses that occur as a result of a person’s work related duties. If you are a seaman who was injured on the job, here is an overview of what a Jones Act claim process entails.
The injured worker must report the incident
The amount of time an injured seaman has to report the injury is limited to seven days. The window itself seems rather short, and still, if you suffer an injury, you should not wait the full seven days to report that injury. You should report as soon as possible. Insurers are never eager to pay out for injuries, and if they notice a claim was not immediately reported, they will see that as a red flag that person’s injury was not particularly severe. The earlier you report, the better.
Giving reports or statements
It is fairly common for the injured seaman to be requested to fill out a report or a statement detailing what occurred in an accident, and potentially, asking what party is responsible for the accident. Sometimes these reports can cause problems for the injured individual. Certainly, if you are not well enough to fill it out accurately, or heavily medicated, you should request that they let you fill it out once you have recovered the ability to do so accurately. Another problem is wondering who to say is at fault. You might be afraid that writing that the company is at fault could put your job at risk. If you find yourself in this situation, you should consider a couple of things. First off, if the company is at fault, and you do not include that in your report, then you could put your claim at risk. Additionally, while employers do sometimes threaten employees who are filing claims under the Jones Act, retaliating against an employee for filing a claim under the Jones Act is illegal.
Be sure to get medical treatment and keep your appointments
Your employer has to make sure that you receive proper medical treatment. If you are back on shore following your injury, you should be sure to seek medical attention, and not to break any of your appointments. Jones Act insurers will look at your records, and if they find that you have skipped appointments, that information could be used to challenge your claim and your statements regarding the severity of your injury.
Consider speaking with an attorney
If you are wondering the best course of action for filing your claim, you should contact a Jones Act attorney. Your attorney will be able to advise you on the best course of action, and as to which type of compensation you should pursue based on the specific facts of your case. Also, if you do have a concern about your employer retaliating against you for filing your claim, you should speak with an attorney to ensure your rights are protected.
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.
