Whenever an employee gets injured on the job, they may be eligible to seek compensation under workers’ compensation. Employees who work on maritime vessels are not covered by workers’ compensation. Instead, maritime workers who become injured on the job must seek compensation under the Jones Act, which is a federal law that authorizes them to sue their employers for negligence. One of the principal distinctions between the Jones Act and workers’ compensation is that injured seaman can be awarded several additional types of damages, including pain and suffering.
If you or a loved one were injured while working on a commercial vessel, you may be eligible to seek compensation for your injuries and damages. A Pascagoula Seaman Injury Lawyer could review the facts of your case and help you understand your options to move forward. Since there are many important steps with regard to filing a claim under the Jones Act, you are strongly encouraged to seek help from a seasoned maritime injury attorney who can help you navigate the process.
Those who spend a significant amount of time working onboard a ship or boat on United States waters may be eligible for compensation under the Jones Act in the event of an on-the-job injury. Before an injured seaman is able to recover compensation, they must follow several steps in accordance with maritime injury laws.
Any work-related injury that takes place on a maritime vessel must be reported to one’s employer within seven days. Timely reporting an injury is essential as it can bolster one’s case that an injury did occur.
Next, the injured seaman’s employer, or an insurance company, may ask them for a written or recorded statement detailing how the accident happened. If the seaman is uncomfortable doing so or unsure of what to say, they should decline and promptly seek the advice of a Pascagoula Seaman Injury Attorney.
It is the responsibility of every maritime employer to ensure that injured employees receive proper medical care. Injured seamen are advised to follow all their doctors’ orders, make all their appointments, and do all they can to get prompt and thorough treatment.
One should never settle a Jones Act claim until they are able to return to work, at the very least. Maritime work is highly labor-intensive, and one may not know the true extent of their physical limitations until they have started working once again. If a settlement cannot be reached, an injured seaman has the right to file a lawsuit in either state or federal court.
In a standard negligence case, the plaintiff’s attorney must show that the defendant’s negligent behavior was the proximate cause of their injuries. Proximate refers to the defendant’s conduct, which played a substantial role in causing the accident.
The plaintiff in a Jones Act case has a lower burden of proof when it comes to the issue of causation. With help from a Pascagoula Seaman Injury Lawyer, the plaintiff is only required to show that their employer’s conduct contributed to their injury, no matter how small a role. In effect, this lower burden of proof makes it easier for seamen hurt on the job to prove employer negligence and obtain compensation.
The job of a seaman entails arduous work and being at sea for extended periods of time. While it can be rewarding, working on board a commercial maritime vessel can also be dangerous and put seamen at risk of being seriously injured.
If you have been injured on the job, let a skilled attorney help you seek compensation. Call today to schedule a consultation with a Pascagoula Seaman Injury Lawyer to discuss your legal options.