All about Jones Act and Maritime Law
Those who get injured while working on the sea are protected by Jones Act. Apart from Jones Act, other maritime laws governs injuries suffered in the sea. The most common way to recover damages is through Jones Act even though it depends on specifics of your case Jones Act is different from a maritime version of worker compensation even if it Acts like it. Workers compensation is paid regardless of fault which is different when it comes to Jones Act. For you to get a worker’s compensation in Jones Act, you have to prove negligence. For you to recover full damages, you also have to provide a reliable evidence. Categories of damages are two when it comes to maritime law. Economic damages and non economic damages are the two type of maritime damages.
If you lose wages or lose earning capacity or even medical expenses, you will be compensated by economic damages. Compensation for those who get abused by their employers, suffer from pain and sufferings is done by the non economic damages. Jones Act damages do not have a cap like workers compensation damages which is why they are different. You can recover your damages if you are a qualified seaman although this term is not clearly defined by Jones Act. The person who is assigned to work on vessels or fleets operating in navigation waters and spend most of those working hours on board is a qualified seaman. If you have a maritime case, you should look for a maritime injury lawyer even if the Jones Act protects your rights.
Individuals are still entitled to recover some damages even if they fail to prove negligence when it comes to maritime law. Maritime workers who suffer from injuries or illness have a right to maintenance and cure, and this is stated even by the maritime law. From when you suffer injuries or illness up to when you reach maximum improvement, the medical bills should be paid by your employers. More to that, you are entitled to receive medical checkups and also a daily stipend to cater for living expenses as you recover. You will claim those benefits if only a Jones Act suit is filed by you.
Ship owners should keep their vessels in safe working order, adequately equipped, and also managed by professionally trained crew because that’s a requirement of maritime law. A negligence suit can be filed by workers to claim for damages if they find out the vessel to be unseaworthy. The one who will be held responsible for the injuries suffered in an unseaworthy vessel if the owner of the vessel. For you to file a negligence suit that would help you receive full compensation, you should hire an offshore injury attorney.