The Jones Act is a long-standing law that continues to dictate how maritime and admiralty claims must proceed. Since 1920, the law has helped protect injured workers and others from the negligence of other parties. Dock workers, deckhands, and many other employees are protected under the Jones Act. Seamen who need representation for their injuries may find that compensation is available under this law.
For counsel well-versed in this form of maritime law, seek representation from a Lexington Jones Act lawyer. You deserve to have your case fully considered by a knowledgeable admiralty and maritime attorney.
Understanding the Jones Act
United States Code § 30104 permits injured workers to file a claim for damages against their employer. The Jones Act is likely to apply when the employer was negligently responsible for the workers’ harms. Additionally, injuries caused by a third party rather than the employer are also covered by this act.
When workers spend at least 30 percent of their time on navigable waters where maritime and admiralty law applies, their claim very likely falls under the Jones Act, as well. Fortunately, compensation for sea-related injuries is available, and it can help a plaintiff recover after a major accident.
Legal Rights Under the Jones Act
As a lawyer in Lexington could further explain, qualifying seamen are permitted to file a maritime lawsuit under the Jones Act when they develop an illness or sustain injuries while working aboard a vessel. If the injury results from the vessel owner’s negligence, an employee, or the operator, a proper claim may result in monetary damages for those injuries.
Additional rights under this act include, but are not limited to:
- A reasonably safe work environment
- Maintenance and cure compensation for any qualifying illness or injury
- Right to file a claim for injuries caused by negligence
- Additional compensation if vessel or crew is unseaworthy
- Punitive damages if an employer wrongfully refused to pay maintenance or cure
These specific rights are sometimes violated by negligent employers, often in an attempt to save on costs. However, their failures could entitle the plaintiff to significant financial compensation under the Jones Act.
The Claims Process for Maritime Injuries in Lexington
A specific process governs the filing of Jones Act claims. Ultimately, this process is designed to make it easier for seamen and others to get back on their feet and into a safe work environment. Unfortunately, the process can be complicated and typically requires the experience of a knowledgeable attorney in Lexington to navigate successfully.
In brief, the Jones Act process typically includes:
- A report of any injury to a supervisor or the captain of the vessel
- An accident report will be created and compiled
- The plaintiff will receive medical treatment for their injuries or illness
- The plaintiff will hire legal counsel that understands Jones Act cases
- The case will lead to a settlement of the claim or a lawsuit to seek damages
Many more detailed steps exist, but this basic outline demonstrates what a plaintiff may see in a Jones Act injury situation. To handle the case effectively and efficiently, a plaintiff should seek counsel from a skilled local attorney.
Get Help from a Lexington Jones Act Attorney
Injuries while working on a maritime vessel are governed by this federal legislation under admiralty law. You deserve to have your case examined by a legal professional who is proficient in this area of the law and can seek compensation on your behalf.
An experienced Lexington Jones Act lawyer is prepared to speak with you and get started on your path to potential compensation. Contact us today.