When you suffer injuries related to the federal Jones Act, you may be able to file a claim for compensation if you do so within the allowable time frame.
What is the statute of limitations for a Jones Act claim? You have three years from the date of the incident to take action in most cases to recover the damages you have and should do so with the help of a New Orleans Jones Act lawyer.
Understanding the Jones Act
The Jones Act is a federal maritime law. This law allows seamen to seek a claim against an employer in situations where the employer is negligent in such a way as it contributes to the injury or death of the employee. You must show that your employer failed the act in some manner that led to your injuries.
The Jones Act governs shipping regulations across all US ports. It was initially set up to support the growth and regulation of the shipping and transporting industry, but today, it has expanded to provide protections for maritime workers.
A component of those rights is the ability to file for workers’ compensation if you can demonstrate negligence on the part of the employer.
This law was and still is quite important. Prior to its establishment, there was no workers’ compensation coverage for maritime workers, making it impossible for workers to pursue negligence claims against their employers.
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504-500-1111The Statute of Limitations is a Critical Component of This Law
As a seaman or other qualified maritime worker, you must understand this law and its deadlines to ensure you can file compensation for your losses when it comes to domestic shipping. If you fail to meet this timeline, there is no protection in place to ensure you can file a claim or receive compensation. If you meet the eligibility criteria for filing a claim against the Jones Act, we strongly advise you to seek legal counsel right away.
The statute of limitations is three years, and that can seem like a very long time to take action. However, because this is a federal law and numerous steps require time, you should not wait to act. Instead, seek help from our attorneys right away to begin navigating this option.
If you are approaching this deadline and you are worried about being able to file a claim, contact our attorneys right away. We may be able to help you in some situations. The key is to act quickly to get the necessary legal guidance.
What Happens When You do Not Know About Your Injuries
There are some situations where the victim of a valid workers’ compensation claim may not know they have such a claim right away. In some cases, they may not know until after that deadline has passed. Some examples of when this may apply include:
- You were unconscious or in a coma for a long period of time.
- Your exposure to risks occurred during your employment but took time to manifest, such as exposure-related risks.
- You otherwise did not know the accident or injury was a result of your work at the time of the accident and can prove that.
In these situations, the three-year statute of limitations for the Jones Act goes into place on the date when you learned of the incident. That resets your time. You still should not wait long to take action since evidence can become challenging to obtain.
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504-500-1111How to Determine if You Are Eligible for the Jones Act
One of the complexities with the Jones Act is proving you are eligible for compensation under the law. In addition to meeting the statute of limitations time limit, you must also meet all requirements for eligibility. To do so, you must meet the following requirements to be a seaman.
- This means you must contribute to work aboard a shipping vessel
- Be in connection with the vessel while it is operating
- Work aboard the vessel at least part-time or 30% of the time
Various factors can alter this, including the length of time you must be on the vessel. As it can be complicated, working with an experienced maritime accident attorney could be critical. Seek out a consultation with our team to learn more and learn if you will owe taxes on your Jones Act settlement.
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504-500-1111You Also Must Be Serving In a Designated Area
The Jones Act also requires individuals to operate on a recognized vessel in navigable waterways. These could include international waters, such as the oceans around the coast of the US, rivers, the Great Lakes, or smaller lakes and bodies of water.
For example, international waters along the coast of the US, such as the Atlantic Ocean and the Pacific Ocean, the Gulf of Mexico, and waterways, such as the Mississippi and Missouri Rivers.
The Jones Act also requires that a seaman be on board a vessel to file a claim under the Jones Act. Various types of vessels may apply to this rule. Some examples include:
- Oil rigs
- Tour boats
- Ferry boats
- Ships of most types
- Fishing boats
- Cruise ships
You Must Prove Employer Negligence to File a Claim
Given your qualification as a seaman and on a verifiable vessel, you also need to prove that your employer was negligent and that this negligence caused your injuries. There are various potential causes of such negligence, including unsafe work conditions, exposure to toxins, lack of training, and injuries that happen on the vessel.
You must also suffer those injuries within working hours to ensure that you otherwise meet the workers’ compensation rules in this area, so be sure to consult with a New Orleans workplace accident lawyer today.
Seek Out the Legal Guidance of Our Attorney Today
As an experienced maritime injury attorney, the team at Scott Vicknair Injury Lawyers is ready to help you obtain the compensation you deserve under the Jones Act.
We encourage you to act quickly after such an accident so that we can provide you with comprehensive support and guidance in pursuing full compensation for your losses. Contact us today for a free consultation to discuss your case with our legal team.