What to take offshore
Injuries Under the Jones Act & Maritime Law- Talk to a Lawyer
The Jones Act is a law enacted by Congress that provides protection to persons who are members of the crew of a ship or vessel. The Jones Act applies to inland river workers as well as offshore workers who work on a jackup rig, semi-submersible ship or rig, barge, drill ship, tug / towboat, crew boat. drill ship, dredge, floating crane, tanker, cargo ship, fishing vessel, chemical ship, research vessel, construction barge, lay barge, motorized platform, diving vessel, cruise ship, recreational boat or other floating / movable structures. The Jones Act 46 U.S.C. 688 (1970) governs the liability of vessel operators and marine employers for the work-related injury or death of an employee. It is a federal cause of action, meaning that the United States Congress intended for all seaman's injuries throughout the nation to be guided by the same liability standards of the Jones Act.
If you are a seaman and have been injured on a ship or vessel and your employer is not paying your medical bills, refusing to send you to a medical specialist or not paying you maintenance, then call us for a FREE CONFIDENTIAL CONSULTATION at 1-800-883-9858 .
Although the Jones Act protects seamen, it is not the same as workers' compensation. It does not require payment regardless of fault. In order for a worker to recover under the Jones Act, a worker must prove some negligence or fault on the part of the vessel's owners, operators, officers, and/or fellow employees or by reason of any defect in the vessel, its gear, tackle, or equipment. The Jones Act provides an injured seaman a remedy against his or her employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a ship or vessel. This means that the employer must do something unreasonable or fail to perform a reasonable act that would have prevented injury in order for the seaman to win his claim. An injured worker's maritime claim under the Jones Act can also raise claims against a vessel's owner that a dangerous condition existed on the vessel that made the vessel unseaworthy.
WARNING ! The rules for determining what types of maritime law or cause of action would apply in a given situation are extremely complicated and the wrong tactic or incorrect claim can threaten your success in this matter. Call an experienced attorney, If you have sustained a serious injury that threatens your ability to continue working or your ability to work without physical pain. Do not let a simple mistake ruin your chance for recovery.
INJURED WORKER'S RIGHTS UNDER THE JONES ACT
If you are a crewman on a boat or vessel and were injured while working, you will be entitled to sue your employer for injuries caused by your employer's negligence
under a federal law called the Jones Act. Offshore drilling rigs, drill ships, barges and other motorized structures which are moveable and which float from hole to hole (semis and jackups), are considered vessels under the Jones Act. If you are a member of the crew of such a vessel and were injured while in the furtherance of your employment, then your employer will be responsible for paying your medical bills (called cure) and paying you a small daily allowance (called maintenance) during the time you are injured. In addition, you may be able to file a lawsuit against your employer if your employer was negligent or if there was something wrong with the vessel which made it unfit for its intended purpose. In a Jones Act lawsuit you may seek to recover past and future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to perform household services and take care of yourself, and other damages recoverable under the maritime law.
JONES ACT & MARITIME PERSONAL INJURY LAWSUIT
There are also time deadlines that apply which may prevent you from bringing your claim if they are not met. Depending upon where the accident happened and what law applies, the deadline can be one to three years from the date of the accident to file a lawsuit. Moreover, to preserve certain claims, you may need to take steps even before the FIRST anniversary of the accident. Before your lawyer can take steps to protect your interest, he will need time to investigate the parties involved and make sure he has enough information to properly assert the claim.
TALK TO LAWYER - GET YOUR QUESTIONS ANSWERED
Call for a Free Confidential Consultation. There are no legal fees or court expenses charged to the client unless we obtain a recovery for the client. * Mr. Willis has been licensed for over 20 years and is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. Mr. Willis is licensed in the State of Texas, nationwide representation is available with the association of out of state counsel
After an accident, time becomes your enemy. It is important that an investigation is begun to determine the critical facts of the case, names of the witness and securing their statements. It is critical in any lawsuit and especially in a maritime action due to the nature of the remote location of most accident sites and uncertain work schedules and trips of the crewmen. Also if you are concerned that your employer will cut off your benefits or retaliate against you if you hire a lawyer, then call us and let us explain your rights under the Jones Act. Either way, call us if we can help.
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