The Jones Act, originally appointed in 1920 and often referred to as the Merchant Marine Act, is most commonly known for its intent to protect American interests. The Act requires that all goods shipped in the United States use American made vessels and employ American employees.
The same legal act offers protection to U.S. employees aboard these ships. Crew workers face health and safety risks, and traditional workers’ compensation policies do not cover them. Instead, marine employees are subject to coverages under the Merchant Marine Act of 1920.
The Jones Act is not as well-known as workers’ compensation. If you are dealing with marine injuries at the fault of negligence, you may be eligible for compensation under this act. Let one of our Florida Jones Act lawyers evaluate your case at the Law Offices of Anidjar & Levine. Call us today at 1-800-747-3733.
Jones Act Requirements
The Jones Act protects maritime employees by requiring that employers pay maintenance and cure at a daily rate to injured seamen.
The Importance of Negligence In A Jones Act Case
To collect compensation under a workers’ compensation policy, the employee does not need to determine negligence. The requirements for filing for compensation under the Jones Act do require that we establish negligence.
The Jones Act includes the following negligent actions:
- Improper maintenance or cleaning of the deck
- Poorly maintained sea equipment
- Inadequate training of crew members
- Lack of safety protocols or regulations
It is the ship owner’s responsibility to ensure that it is seaworthy, meaning that it is safe and free of dangerous risks for all passengers and crew members. By demonstrating that the marine vessel was unworthy for sea use in one way or another, we can determine that the employer, or ship owner, is responsible for the incurred damages.
Common Maritime Injuries
Unfortunately, the injuries from a sea vessel are often severe and life-changing. The injured employee may be left to deal with broken bones, paralysis, brain and spinal cord injuries, and even death. Additionally, seamen do not always have immediate access to medical services which can result in more severe of an outcome.
Seamen are subject to the following types of injuries:
- Falling off the sea vessel
- Drowning
- Respiratory diseases
- Slip and falls on the deck
- Overheating or overexertion
These types of injuries may require ongoing medical care. They may also prevent you from completing your daily employment tasks. If another parties’ negligence put you in this challenging situation, then it is only right that they offer you a daily maintenance and cure rate to cover these incurred costs.
How Our Florida Jones Act Lawyers Can Help You With Your Case
Dealing with injuries while at sea can be overwhelming. Not only is it difficult to receive the medical care that you need, but you may feel like you have little to no legal recourse. Our Jones Act lawyers at the Law Offices of Anidjar & Levine will help you navigate your case, whether you are still at sea or you are recovering on land.
Free Consultation
Having a lot of questions following a maritime accident is normal. You may wonder who is going to cover your bills if you are unable to work. You might wonder if your employer will attempt to relieve you of your duties since you are currently dealing with injuries. We are here to help you navigate through your legal options, ensuring that we protect your rights every step of the way. Call us today to schedule a free consultation at 1-800-747-3733.
Determine Damages
The costs of a maritime accident can quickly add up, leaving you in a tight financial position. We understand the financial and emotional implications that come with suffering an injury on the job. We will fight to recover the following costs on your behalf:
- Medical expenses
- Rehabilitative costs
- Transportation
- Temporary living costs
- Lost wages and benefits
- Diminished earning capacity
- Pain and suffering
- Wrongful death
Surviving family may be eligible to recover compensation if they lost a loved one due to a maritime accident.
Establish Negligence
Our Florida Jones Act lawyers at Anidjar & Levine are familiar with the specific requirements for filing and will help you collect the necessary evidence to establish negligence. It is possible that either the sea vessel owner or the employer was negligent in their duties.
We will assist you in establishing negligence by collecting the following documents:
- Medical records
- Accident report
- Copy of training reports
- Safety protocol manuals
- Repair and maintenance reports
Manage All Legal Communications
Recovering from a work-related injury is hard enough. When that injury occurs at sea, it can present many additional challenges. The lawyers at the Law Offices of Anidjar & Levine will help you navigate this process by managing all filing requirements and communications on your behalf. Your recovery and health is the most important thing, and by leaving the legal process to us, you can focus on that.
File Within Florida’s Statute Of Limitations
Under the Jones Act, we must file all personal injury or death claims within three years from the date of the accident. Failing to meet this timeline can deem you ineligible for compensation that you deserve. Keep in mind that it takes time to build your case successfully, so it is best to discuss your case with a Jones Act lawyer as soon as possible.
Protect Your Jones Act Legal Rights
Whether you are dealing with injuries from a cruise ship, barge, or merchant vessel, it is only right that the responsible party covers your injuries. Your work environment should be safe and free of any dangerous risks, even if that work environment is on a sea vessel.
The Jones Act lawyers at the Law Offices of Anidjar & Levine are here to help you through this. We will fight to protect your employee rights and help you collect the funds necessary to move past your injury. Call us today at 1-800-747-3733.
We Can Help.
