Legal Steps for Filing a Jones Act Claim After a Seaman Accident
December 08, 2024
Are You a Seaman Who Has Been Injured While Working?
Working at sea can be one of the hardest yet most liberating jobs a person can have! The freedom a person feels working on a ship, the salty air blasting them in the face, their muscles aching every night, it can all be exhilarating. And the paycheck doesn’t hurt, either.
Working at sea can also be terrifying, and working aboard a vessel can be incredibly dangerous. Working conditions change with the wind, the opportunity for injury is high, and it is not uncommon for a vessel to return to port with one fewer seaman than it embarked with. Still, it is a risk you are willing to take because you know your company will take care of you if you are injured.
Right?
Here, we will explain your options and help you understand what a Jones Act claim is.
What is a Jones Act Claim?
Even if you have been working as a seaman your whole life, you may not know what a Jones Act claim is.
A Jones Act claim is a legal action that a seaman can use to file a claim against their employer for injuries suffered while working on a vehicle due to negligence or unsafe work conditions.
It is important that “seaman” and “seamen” refer to anyone who works on a sea vessel, including both men and women.
A Jones Act claim allows seamen to pursue compensation for damages such as medical expenses and lost wages.
Did you know that seamen who are injured on the job are not protected by the same laws that protect workers and allow them to pursue things like workers’ compensation benefits through their employer as people who work a traditional job in America? This is why seamen often must rely on filing a Jones Act claim if they are injured as a result of negligence or a ship’s unseaworthiness.
What Steps Should You Take to File a Jones Act Claim?
There are steps you should follow after your injury in order to increase your odds of a successful Jones Act claim. They start from the moment of your injury.
Report Your Injury
As soon as you are injured on the job, you should report your injury to your employer. Even if the injury seems minor, you should report it as you never know how repeated use of the injured body part will affect your future ability to work.
Don’t wait; report your injury as soon as possible.
Get a Medical Evaluation
You should see a medical professional for your injury as soon as possible. If your ship has a doctor, see them immediately.
You should see a doctor as soon as your ship docks, even if you have already visited with your ship’s doctor. Seeking immediate treatment is an important step in a successful Jones Act claim.
Document the Area Where You Were Injured and Collect Evidence
If you remain on the ship after your injuries, and your injuries allow you to do so, you should document the area of your accident. Take photos and videos showing the area where you were injured.
Because the Jones Act is based on negligence and the seaworthiness of a vessel, you will need to prove negligence. This documentation can help your attorney do just that.
You should also keep thorough notes surrounding the circumstances of your accident. These notes should include what you were during the time of the accident, how the accident happened, and the weather and sea conditions when the accident occurred. If you think the captain or another person on board made a mistake that resulted in your injury, write it down. Your lawyer will want to know all of this while building your case.
Follow Up on Your Claim
While you have spent your time taking care of your employer, it is not guaranteed that they will properly take care of you. You should follow up on your claim and make sure you get all updates regarding its status.
Be sure to keep track of all documents your employer gives you regarding your accident and your claim. Keep your medical records, and be sure to track your medical expenses as well as your missed wages.
Follow Your Doctor’s Advice
A successful Jones Act claim relies on you following all advice from your doctor. You should follow your treatment plan, fill out all the prescriptions they write for you, make it to all of your doctor’s appointments, and stay out of work until your doctor says you are good to do so.
Ignoring any of these steps can result in your Jones Act claim being denied.
Speak With a Lawyer
Our society tends to frown upon people who seek help from an attorney. Don’t let these negative opinions stop you from getting the help you deserve.
Speaking with an attorney well versed in maritime law and the Jones Act can mean the difference between getting back to ship shape and fighting a long battle of health issues.
Call 310-773-5207 to schedule your free consultation with the Law Offices of Preston Easley. Our team has the experience necessary to fight for what is right and to get a successful Jones Act claim.
It is never too early to contact an attorney when you are injured aboard a ship. Let us help you through every step of the process, from filing your claim to collecting the necessary evidence to dealing with the doctors and your employer.
Call today!
