Jurisdictional limitations can pose unique challenges for injured maritime workers seeking to claim workers’ compensation benefits. These limitations make it critical to offer seamen-specific protections to ensure our maritime workers have what they need, whether injured in a genuine accident or due to employer negligence, and the Jones Act meets this need.
Navigating a Jones Act Claim can be challenging, but the Houma Jones Act lawyer with Scott Vicknair Injury Lawyers is ready to meet them. As Louisiana natives, we have a deep understanding of the unique challenges faced by Houma maritime workers. Our Houma maritime injury lawyer will use this knowledge to fight for your rights to compensation.
Compensation Available in a Jones Act Claim
The compensation available in a Jones Act claim heavily depends on whether you file a civil lawsuit or pursue a no-fault claim. The compensation you recover from a negligence claim offers more entitlement to what you claim, while a no-fault claim is often stricter in the damages available.
However, negligence claims require you to show evidence, and you may walk away with nothing. Our Houma personal injury lawyers can help you prove negligence.
No-Fault Claims
In a no-fault claim, the priority is simply getting the medical attention you need and keeping you afloat with wage support. In this type of claim, you may not recover compensation for things like pain and suffering because it assumes that no one is responsible for causing the hardship.
Negligence Claims
Depending on your situation, a negligence claim may allow you to recover damages for all losses covered by no-fault insurance, as well as non-monetary damages such as pain and suffering or loss of quality of life. In some cases, you may also recover punitive damages meant to punish the responsible party and deter similar behavior in the future.
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504-500-1111The Purpose of the Jones Act
The Jones Act was established as part of the Merchant Marine Act of 1920 as a national security measure. The U.S. Department of Transportation and Maritime Administration explains that the law requires shipping between American ports to be conducted by American vessels registered in the United States and manned by American crews.
However, the Jones Act has become integral to protecting the rights of injured maritime workers. Due to the lack of clear jurisdiction on open waters, the Jones Act brings jurisdictional clarity for those injured on the job. According to the Social Security Administration (SSA), Jones Act claims are not the same as workers’ compensation payments.
Maintenance and Cure
Maintenance and Cure is from old sea law dating back to the 1930s. The role of maintenance and cure in maritime injury cases is to provide coverage for room and board, plus medical costs, should you become ill or injured. You are eligible for these benefits regardless of whether you file a claim against a liable party.
Unearned Wages
Your right to unearned wages refers to those you may have missed out on due to your injury. This often allows you to recover pay for the duration of the voyage, even if you are injured and unable to work. This can vary depending on whether you pursue these wages through workers’ compensation type benefits or a civil lawsuit.
Death Benefits
If you have lost a loved one who was killed in open water or was otherwise protected by the Jones Act, you may be eligible to receive death benefits. The way you proceed with your claim will depend on the details of your situation, but an attorney may be able to provide you with direction.
Right to Sue for Negligence
Your maintenance and cure benefits pay for your medical care and daily living costs until you return to work. However, if you feel your injuries were caused by the negligence of your employer or anyone else on the vessel, you also have the right to file a civil lawsuit against the responsible parties.
It can be crucial to speak with a Jones Act Lawyer in Houma before you decide, and certainly before you sign paperwork. In most situations, accepting payment through a workers’ compensation type package requires you to waive your right to sue.
Jones Act Eligibility
It can sometimes be confusing to determine whether you are protected under the Jones Act. However, according to the U.S. Department of Labor, there are primary considerations when determining whether you are considered a mariner and therefore covered under the Jones Act.
The first requirement is that you must spend at least 30% of your time on board, and your job must contribute to the function of the vessel or the accomplishment of its mission. Next, you must have a connection to a vessel in navigation that is substantial in duration and nature. Your vessel must transport people or cargo under American ownership on U.S. navigable waters (including rivers and lakes).
The definition of a vessel is one of debate, and some previous rulings have set the precedent that no single definition can encompass all ‘vessels.’ If you are facing pushback about your status as a seaman and your eligibility for coverage under the Jones Act, you may want to speak with a Houma Jones Act attorney.
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504-500-1111Maritime Injuries We Commonly Address in Jones Act Claims
Working on the open water, or even near it, presents a unique set of circumstances for injuries. Similar to some industrial fields, some of the common maritime injuries Scott Vicknair Injury Lawyers address in our Jones Act claims include the following:
- Poisoning from fumes
- Crush injuries from falling cargo
- Hypothermia
- Chemical, thermal, or electrical burns
- Electrocution
- Internal bleeding
- Amputation
- Traumatic brain injury
The potential for hazardous conditions in maritime work is endless. The above list is not exhaustive, and conditions that result from repeated stress injuries may be covered under the Jones Act. Other forms of illness, such as respiratory conditions related to your specific job duties, may also be eligible for a claim.
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504-500-1111Call a Jones Act Attorney in Houma for the Support You Need
If you have been injured while offshore or in the daily job duties of a maritime position, you have options. Driven by our core values, our goal at Scott Vicknair Injury Lawyers is to make the process as easy as possible so you can focus on recovery.
Our Jones Act Attorney in Houma is ready to hear you out and help you get the compensation you deserve. We offer free case consultations that you can schedule online or by phone. Call us today for the advocacy you deserve.