What Compensation Is Available Under The Jones Act?
Under the Jones Act, an injured seaman is able to recover compensation for lost wages, compensation for future economic loss, pain and suffering, mental anguish, disfigurement, and medical expenses. Additionally, seamen are also entitled to maintenance and cure. “Maintenance” is a daily allowance to cover a percentage of the basic food and shelter that workers, officers, seamen, or crew members would have received aboard the vessel while on duty. “Cure” includes medical expenses, such as treatment, hospital expenses, doctor visits, physical therapy, prescription medication, and any other treatment necessary to ensure maximum medical improvement. Maximum medical improvement refers to a point in a seaman’s recovery when their condition will no longer improve.
What Is Unseaworthiness?
Under the Jones Act and general maritime law, a vessel is considered unseaworthy if the vessel or its crew were not reasonably fit for their intended use. An unseaworthiness claim is brought when a person is injured because of an unsafe or hazardous condition aboard a vessel. Hazardous conditions can include defective equipment, lack of supplies, inadequately trained crew, understaffed crew, and unsafe operation of the vessel. Under these circumstances, a seaman may bring a claim against his or her employer for damages caused by an unseaworthy vessel.
How Long Do I Have To File A Jones Act Lawsuit?
A seaman generally has three years from the date of injury or the date the injury was discovered to file a Jones Act lawsuit. Because of this relatively short timeframe, you should consult a maritime attorney promptly after an accident to ensure your claim will not be dismissed. In some situations, other laws can reduce the typical three-year statute of limitations, so you should contact a maritime lawyer as soon as possible.
Experienced Jones Act Lawyers
Blizzard Greenberg PLLC is a nationally recognized law firm that has handled thousands of personal injury cases, obtaining impressive verdicts and settlements for our clients. Our attorneys are trial lawyers who will work to obtain the maximum compensation available. If you have been injured in a maritime or offshore accident, please contact one of the experienced Jones Act lawyers at Blizzard Greenberg PLLC for a free case review.