Brian White | October 16, 2024 | Jones Act
Being injured on the job is challenging for anyone, but it can be especially complicated for maritime workers. If you’re a seaman injured while working in Texas waters, the Jones Act may provide you with a way to seek compensation. Understanding your rights under this federal law is crucial to ensuring you receive the support you need.
What Is the Jones Act?
The Jones Act, officially known as the Merchant Marine Act of 1920, is a federal law that protects seamen who are injured while working on navigable waters. It allows them to file a lawsuit against their employer for negligence. This act is essential because it provides maritime workers with rights similar to those of workers on land under standard workers’ compensation laws.
Who Is Covered Under the Jones Act?
To be eligible for protection under the Jones Act, you must be considered a seaman. Generally, this means:
- You spend a significant amount of your work time on a vessel: Typically, at least 30% of your duties are performed on a ship or boat.
- The vessel is in navigation: It must be afloat, operational, and capable of moving.
- You contribute to the vessel’s mission: Your work aids in the function or mission of the vessel.
Workers such as deckhands, engineers, fishermen, and crew members are commonly covered. If you’re unsure whether you qualify, consulting a maritime attorney can help clarify your status.
Rights and Protections Under the Jones Act
Under the Jones Act, injured seamen have several important rights. They can:
- File a lawsuit for negligence: You can sue your employer if their negligence contributed to your injury. Negligence might include unsafe working conditions, inadequate training, or lack of proper equipment.
- Seek maintenance and cure: Regardless of fault, you’re entitled to maintenance (daily living expenses) and cure (medical expenses) until you’ve reached maximum medical recovery.
- Demand a safe working environment: Employers are required to provide reasonably safe conditions on the vessel.
These protections ensure that maritime workers receive fair treatment and necessary support after an injury.
Steps To Take If You’re Injured at Sea in Texas
If you’re injured while working as a seaman, it’s important to act promptly:
- Report the injury: Notify your supervisor or captain as soon as possible. Make sure the incident is documented.
- Seek medical attention: Get immediate medical care, even if the injury seems minor.
- Document everything: Keep records of your medical treatments, expenses, and any communications related to the injury.
- Avoid giving recorded statements: Insurance companies or employers may ask for statements. Consult an attorney before providing detailed accounts.
- Consult a maritime lawyer: An experienced attorney can help protect your rights and guide you through the legal process.
Taking these steps can significantly impact the success of your claim and the compensation you may receive.
Compensation Available Under the Jones Act
Under the Jones Act, you may be entitled to various forms of compensation, including:
- Medical expenses: Coverage for past and future medical treatments.
- Lost wages: Compensation for income lost due to the injury.
- Pain and suffering: Monetary awards for physical pain and emotional distress.
- Loss of earning capacity: If the injury affects your ability to work in the future.
These damages aim to address both financial and personal losses resulting from your injury.
Contact an Experienced Maritime Injury Lawyer
The Jones Act is a vital law that offers protection and compensation to injured maritime workers in Texas and across the United States. If you’re a seaman who has been hurt on the job, understanding your rights under the Jones Act is essential.
Acting quickly and seeking legal assistance can make a significant difference in the outcome of your claim. Contact a trusted maritime injury attorney with Attorney Brian White Personal Injury Lawyers today for a free case review.
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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