Jones Act Claims Process
If you work as a seaman, and suffer an injury during the course of your work, then you will likely want to file a Jones Act claim. Under the Jones Act, workers who qualify as seamen have the right to sue their employer for negligence. General maritime law gives additionally possibilities to injured seamen as well, including the ability to sue the owner of the vessel if a malfunctioning part of the ship caused the injury, and even in the absence of fault, to file for maintenance and cure which provides for support and medical care while the injured seaman is recovering.
Seek medical attention
This one should be fairly obvious, if you suffered an injury, be sure to seek medical attention for the injury right away. In addition to taking care of your health, this can have an impact on your claim later. People often underestimate the severity of an injury right after it occurs, and only realize later that it is worse than initially thought. If you do not seek medical attention as soon as possible following an accident, then the records will show this gap between the event that caused the injury and the time you decided to seek treatment. An insurer viewing your records will see this time gap as a reason to question the severity of your injury.
Report your injury immediately
You technically have seven days to report your injury, but it would be wise to report it immediately. Reporting your injury means notifying the captain or another supervisor of the injury you suffered. As mentioned above, the longer you wait to report the injury, the more likely it is that the insurer will question your claim and the severity of your injury. Your captain or supervisor should send the report on to the human resources so that the claim gets processed.
Filling out reports
You might be asked to fill out a report or statement detailing the accident and the injury that you suffered. If you are not well enough to fill it out accurately, or on medication that prevents you from thinking clearly, then ask to be able to wait until you are well enough to fill it out accurately.
One issue many individuals face is that they are unsure of how to fill out the portion of the form questioning who was at fault for the injury. They are concerned about the effect it could have on their job if they report that their employer’s negligence was the cause of the incident. Unfortunately, employers do occasionally threaten employees by claiming that they will lose their jobs if they claim that the employer was negligent. However, retaliating against an employee for filing a Jones Act claim is a form of unlawful firing. Additionally, you should keep in mind that failing to detail the incident, and the negligence that caused it could cause your claim to be questioned.
Speak with an attorney
Unlike workers’ compensation claims, under the Jones Act, the injured employees filing claims under the Jones Act have several possible types of claims that they can file. It is possible to file a claim for negligence, or for unseaworthiness. Your attorney will be able to review the facts specific to your claim in order to determine the best claim or claims for you to make. Also, insurers in Jones Act claims often attempt to get statements in writing or even recorded from the injured person. The insurer’s motivation is to avoid having to pay for the claim, or to get away with paying less. This is another reason to speak to an attorney as soon as possible so that you have a resource and advocate to help you navigate the Jones Act claims 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 injuries suffered by maritime workers. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.
