Injured in a Maritime Accident? You May Be Able Pursue Financial Restitution Through a Jones Act Claim
Suffering an injury in a maritime accident can have life-altering, catastrophic ramifications for the victim and their loved ones. Depending on the specific circumstances surrounding the maritime accident, a worker could suffer an injury that leaves them permanently disabled and unable to work for the remainder of their life. Examples of maritime injuries include the following:
- Injuries on offshore oil rigs
- Injuries on jack up rigs
- Injuries while working on cargo ships
- Injuries while working on commercial fishing vessels
- Barge accidents
- Dock accidents
- Shipyard accidents
- Charter fishing boat accidents
- Tour boat accidents
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What to do After a Maritime Accident
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Maritime employers are notorious for promising to take care of you in the event of an accident by assisting you in finding a new position within the company that can accommodate you, despite a bodily injury or disability. Unfortunately, these promises are often empty and many maritime workers are left in the lurch after a serious accident. This is where the Jones Act comes into play.
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FAQs
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What exactly is the Jones Act?
The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that provides statutory protection to crew members of a ship or vessel who are harmed in a maritime accident.
The Jones Act also extends to inland river workers, as well as merchant mariners who spend their days out at sea.
The Jones Act governs the liability of vessel operators and employers when an employee suffers a work-related injury or loses their life in the course of their duties aboard the vessel.If you were injured while working on a vessel and are unsure about your legal rights or whether you have a viable Jones Act claim, contact an experienced and knowledgeable maritime lawyer with the Mike Morse Law Firm. Our legal team is ready and able to assist you by answering your questions, investigating what happened and how the accident occurred, and assess whether it makes sense to move forward with filing a claim under the Jones Act.
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What compensatory damages are available under the Jones Act?
One of the key reasons Congress enacted the Jones Act was to assist maritime workers in their pursuit of compensatory damages to help achieve a level of financial restitution for their harms and losses stemming from a maritime accident. Recover damages from accidents and injuries.
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Are maritime workers eligible to file a Jones Act claim?
The following maritime workers may be able to file a claim to pursue financial restitution under the Jones Act:
- Anchors
- Captains
- Cooks
- Deckhands
- Divers
- Drillers
- Engineers
- Fisherman
- Mates
- Pilots
- Stewards
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How is the Jones Act different from workers’ compensation?
It is important to note that filing a Jones Act claim is different from filing a workers’ compensation claim or even a personal injury claim. Under the Jones Act, unlike the workers’ compensation system, an injured maritime worker has the option to file a claim against their employer for compensatory damages when they are injured by their employer’s negligence or the negligence of a co-worker.
Recognizing the dangers of working on the water, the Jones Act provides extra protection to crew members and other maritime employees. Another notable distinction is that, under the Jones Act, an employer can be held liable for practically any dangerous or unsafe condition that existed on a vessel that contributed to causing the accident. Any amount of negligence on the part of the employer, no matter how minor it may be, could be sufficient to substantiate an injured maritime worker’s claim for damages under the Jones Act. Basically, this means if you are injured and file a Jones Act claim, your burden of proof is generally going to be significantly lower than what is typically required in a traditional negligence lawsuit.
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Injured in a maritime accident?
If you were seriously injured in a maritime accident, the Mike Morse Law Firm is here to help. Our team of expert legal professionals, tireless researchers and more than 40 of the top accident attorneys are ready to go to work for you. Our firm’s goal is to provide the best and most engaged representation in Michigan. Contact our firm today to schedule a free, confidential case review.
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