The largest maritime labor union in the U.S., the Seafarers International Union (SIU), currently represents approximately 35,500 members. This includes mariners and boatmen working on US- and Canadian-flagged vessels on the deep seas, the Great Lakes, and inland waterways.
Work at sea can be truly dangerous. This is the reason why seamen have special rights if they get hurt on the job. One of the most important laws that protects them is the Jones Act. If unsafe conditions or negligence caused their injury, this law enables injured seamen to seek compensation.
But according to Jones Act lawyer John Stevenson Jr., while many employees injured aboard a vessel may have a claim under the Jones Act, others may need experienced legal help to find other sources of compensation and benefits.
Here’s how lawyers handle claims under the Jones Act.
Understanding the Jones Act and Its Implications for Seamen
Seamen should understand the Jones Act, as it protects their interest and allows them to sue for compensation for injuries if ever they sustain them while working due to someone else’s negligence.
The Act accepts the peculiar hazards at sea and enables you to sue your employers. Knowing the Act gives you and other crew members a chance to stand up for yourselves, forming the bedrock of the maritime community that recognizes that your safety and well-being matter.
Understanding the Jones Act lends strength to the seamen so that they can plow through the often heavy details of maritime claims and create the very network that supports one another.
The Initial Steps in Filing a Jones Act Claim
Knowing your rights under the Jones Act is the first step toward being able to claim for an on-the-job injury. Everything surrounding the injury must be documented; take notes and gather evidence such as photographs or statements from witnesses.
Notice must be given, if possible, to the employer regarding the accident so the claim might be recorded as being legitimate. Consult a lawyer specializing in maritime law to provide advice and ensure that you are aware of all deadlines because if you don’t have reliable legal counsel by your side to help you get compensated, you may find yourself in a regrettable situation, says Alagood Cartwright Burke PC.
They will accompany you through the process of making claims and fight for your rights. It will also help your case if you seek help from others who have been in your shoes.
Key Elements of a Successful Jones Act Case
To successfully construct a Jones Act claim, it’s crucial to establish certain key areas. The very first prerequisite concerns seaman status, which is usually given in a way that a worker is spending a large amount of working time on the vessel.
It should be determined that the company had a duty to provide a safe working environment, which was breached. It has to be established that your injuries were occasioned by such breach of the duty—that is to say, your injury is connected with the said unsafe condition.
Collect evidence that supports your claim, such as witness statements and medical records. When the above-mentioned factors are clearly presented in evidence, the claimant finds himself having a solid foundation upon which to stand as he joins others who understand the travails faced in the journey towards justice.
Common Challenges in Jones Act Claims
Any opposition in pleading under the Jones Act often leads to the denial of justice. Negligence is the first burden of proof, and strong evidence must be assembled to uphold the charge.
Maritime conditions further complicate the process of proving that the undeniable injury you sustained was incurred for profit. Your employer will try to say that your injuries are slight, and even worse, that you are to blame.
Timing pressures usually come into clash, resulting in the claim being filed within the shortest versus stipulated time. It is frightening to face these legal hurdles alone, and being aware allows you to rally some help while working on the claim.
Strategies for Maximizing Compensation Under the Jones Act
The right techniques can increase your Jones Act compensation chances. Gather medical records, statements from witnesses, and accident reports. These form the evidential basis of your case. Employ the expert service of an attorney experienced in maritime law as your guide throughout the procedure.
Negotiations should be expected. Understand roughly what your claim is worth and do not settle for the first offer. Stay involved. Stay in touch with your attorney to remain up-to-date and feel empowered, forging a sense of teamwork in pursuit of justice.
Help is always available to you.