Injury Recovery under the Jones Act

Sailing high waters may be quite an adventure but it also involves high risks. Until the enactment of the Merchant Marine Act of 1920, commonly known as the Jones Act, there was no legal statute to provide any relief for the seamen suffering injuries while at work. Employers could easily waiver liability if it was the fault of a crew master or seaman.

The implementation of the Act was to provide seamen, or their survivors, with adequate financial help if they suffer injuries or death. Whether you are the victim of an accident while at maritime service, or someone in your family suffers such injuries, you need to get immediate legal help to handle the ensuing legal proceeding.

Before you consult an attorney, here are a few common questions with regard to the matter.

Who is within the coverage of this law? The Jones Act is a federal directive; therefore, every employee in the maritime service working on vessels in the navigable waters of the US is eligible for injury compensation under this ruling. If the case involves death of a seaman, his personal representative may also recover damages.

The term vessel is applicable on various types of watercrafts, including fishing boats, tugboats, cruise ships, drilling rigs, and so on. Thus, you may be able to recover even if you are a drilling rig worker.

Under which circumstances could you file a suit? An employee at maritime service suffering injuries is capable of suing the employer if the cause of the incident was negligence of the employer or any other individual(s). Therefore, you could sue the employer even if the liable party was the crew master, a deck hand or any other seaman.

Common instances of negligence include unsafe work environment, defective equipment, and a fault in the vessel and so on. You need a capable Jones Act attorney to ascertain the cause of the incident before you file a claim.

What can you recover? All injured workers may be able to get two types of benefits –maintenance and cure. The first provides for basic essentials – like food, electricity, etc. The second provides for medical costs until the individual recovers considerably. You may also be eligible for the wages until the end of the work voyage.

If the seaman suffers death while at work, his personal representative may recover damages including loss of support and services, pain and suffering, and other death benefits. Whatever the incident, if you are within the scope of the Jones Act, you need to discuss the case with an attorney.

Jimmy Adams, a legal journalist, offers tips and suggestions regarding issues concerning maritime law matters. If you are looking for a Jones Act Attorney, she suggests you to visit http://www.davidpollacklaw.com/ .