Seamen and other maritime crew take on considerable risks in their job, from drownings and falls overboard to serious injuries caused by heavy machinery, hazardous weather, and unsafe working conditions. In the tragic event of a wrongful death or other injury, the Jones Act* provides protections for these workers.
If you or a loved one was injured at sea, contact an experienced maritime injury attorney to discuss your legal rights.
What is the Jones Act?
*The Jones Act is a federal law providing recourse for injuries caused by employer negligence or unseaworthy vessels. This law offers a way for seamen to sue their employers for damages, unlike land-based workers who are generally covered by workers’ compensation.
What Should I Do If I’m Injured in My Maritime job?
If you’re injured while working in a maritime job, it’s important to act quickly because the steps you take after an accident can impact your health, rights, and potential compensation. While the injured party has three years from the date of the injury to file a claim if it qualifies under the Jones Act, it is always best to seek a free consultation as soon as possible.
Steps to take if you’re a seaman injured on the job:
- Report the injury to your supervisor or captain as soon as possible.
- Get medical attention right away, even if the injury seems minor.
- Document what happened, including details of the accident, conditions, and witnesses.
- Keep copies of medical records, accident reports, and communications with your employer.
- Contact an experienced maritime or Jones Act attorney to understand your legal rights and options.
What Are Maritime Injury Cases?
Maritime injury cases involve accidents and injuries that occur while working at sea or on navigable waters, often under hazardous conditions. These cases can include slips and falls on vessels or overboard, equipment failures, exposure to dangerous substances, collisions, or injuries caused by unsafe working conditions. Unlike standard workers’ compensation claims, maritime cases are governed by the Jones Act with unique legal protections and rights.
A maritime injury attorney helps injured seamen with maritime injury cases by building a successful case and ensuring they receive the full compensation they’re entitled to under maritime laws. This includes investigating the accident, proving employer negligence or unseaworthiness of the vessel, and securing damages for medical expenses, lost wages, pain and suffering, and long-term disability. An experienced attorney guides injured seamen through the complex legal process, stands up to powerful shipping companies and insurers, and makes sure their clients are not pressured into unfair settlements.
Who is Covered Under the Jones Act?
Qualified maritime workers, known as “seamen,” are covered under the Jones Act. To be covered as a seaman, workers must typically work at least 30 percent of their hours at sea, and their duties must contribute to the ship’s function.
What Damages Can a Seaman Collect under the Jones Act?
The exact value of damages that an injured seaman may recover varies from case to case. Your maritime accident lawyer will review your case and calculate its value to ensure you get a fair settlement or jury award. Traditionally, damages awarded for employer negligence in the following categories:
- Mental anguish
- Pain and suffering
- Past, present, and future medical bills
- Lost wages
- Loss of future earnings
- Loss of earnings capacity
Damages may be reduced by payments already made for Maintenance and Cure*. Conversely, if an employer has failed to pay Maintenance and Cure then that may become cause for a claim under the Jones Act.
*Maintenance and Cure is a maritime law principle that requires employers to provide injured or ill seamen with essential daily living expenses (“maintenance”) and all necessary medical treatment (“cure”) until the seaman reaches maximum medical improvement (MMI). This is a fault-free system that is meant to provide financial and medical relief to injured seamen to cover costs like food, lodging, medications, doctor visits, and rehabilitation while they recover from their work-related injury or illness.
Contact a Maritime Accident Attorney Today!
If you lost a loved one due to the reckless/negligent behavior of another seaman or maritime employer, you have enough to deal with. Let an experienced maritime injury attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a wrongful death lawyer. Call the most experienced practicing wrongful death attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! We have been representing grieving families in the Pacific Northwest since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
