When trying to have their bills and damages compensated by their employer after being hurt at work, seamen frequently encounter legal difficulties. Thank goodness the Jones Act protects these workers so they aren’t burdened with a mound of costs they shouldn’t have to cover.
At Braud & Gallagher, a marine lawyer is ready to fight for the compensation you are due. Your New Orleans Jones Act attorney will create a strong case against your employer so that they are forced to pay you back for everything you’ve endured as an injured sailor.
The Jones Act’s Goal
Since the federal government realised that it was becoming increasingly important to safeguard seafarers who sustain injuries at work, the Jones Act has been in effect. But which offshore employees qualify as seamen? If you spend a significant amount of time onboard a vessel that can operate in or is already operating in navigable waters, you may be regarded as a seaman.
When they experience a work-related injury or illness, injured sea workers have the option of holding their employers liable for their damages under the Jones Act. When you file your claim, you can get the money you need to heal without worrying about how you’ll support your family while you’re recovering.
Methods of Injury for Seamen
Before you may begin receiving the compensation to which you are entitled, we must prove that your employer is actually at fault. According to the Jones Act, your employer is in charge of ensuring a safe working environment at all times.
This implies that regardless of how small a part they may have played in your injuries, your employer may still be held accountable if at any point the conditions of your workplace were unsafe. Here are a few instances of common maritime injuries that call for the submission of a Jones Act claim:
- getting hurt as a result of poor or broken vessel equipment
- being harmed by an aggressive coworker
- being required to perform labour without the necessary training or tools
- working on a deck surface that is slippery because of an oil or grease leak
These are just a few instances of how seafarers could get hurt while working on a ship. Your ship may be considered unseaworthy in any of the following situations, as well as any other risky circumstances. Your marine attorney can examine the specifics of your accident to establish whether or not it is anticipated that your employer will be held liable in your New Orleans lawsuit.
How much compensation injured sailors are entitled to
With a few significant exceptions, damages in a Jones Act claim are comparable to those in a personal injury claim.
First off, injured seamen have a right to maintenance and cure. When you are unable to work, maintenance refers to the expectation that your employer will pay for all of your living expenditures, such as your rent or mortgage, energy bills, and groceries. When you’re “cured,” your company will pay for all of your medical bills associated with your workplace injuries. That’s not all, though.
Similar to a personal injury claim, a sea worker who sustains an injury may file a claim for damages for lost wages, pain and suffering, property damages, inconvenience, lost earning capacity, mental anguish, loss of consortium, lost household services, scarring or disfigurement, among other things. To ensure you’re getting the most out of your claim, your attorney will calculate your damages.
