Jones Act claims can only be filed by maritime workers who qualify as Jones Act Seamen. The definition of a Jones Act seaman is not limited only to select operations crew members, but workers with professions of many kinds like cooks and galley hands, and crews of all types of vessels from small fishing boats to cruise ships. If the worker and the vessel qualify to be protected by the Jones Act, then these workers are able to claim rightful compensation from those responsible in the case of an accident caused by the negligence of an employer, or the vessel’s owner.
Comparing Jones Act Claims and Workers Compensation: What’s the Difference?While both types of these claims are filed against the employer for compensation for damages and losses suffered as a result of an accident in the workplace, there are some critical differences. First, Workers Compensation claims can be made by any worker, whereas only qualifying maritime workers can file Jones Act claims. Also, Workers compensation is designed to compensate a worker for any accident in the workplace, and there is no need to prove any negligence or recklessness on the part of the employer. In Jones Act claims, your maritime attorney must prove that negligence of the employer, or the owner of the vessel caused, or contributed to the cause of the accident.
When Should a Jones Act Claim be Filed?Jones Act claims can be filed when a qualifying Seaman is injured or killed while working on a Jones Act Vessel. Wrongful Death claims can be made under the Jones Act if the victim has been killed in the accident. There are other factors that can determine if a Jones Act claim be filed, or another type of claim such as those that may fall under Death on the High Sea’s Act. A Qualified Maritime attorney is best suited for the job of determining which laws will decide how each specific claim should be filed. If it is determined that your case does qualify for the Jones Act, it must be filed within 3 years of the accident.
Always Hire a Maritime Attorney Before Accepting a Settlement From Your Employer!Jones act and other maritime claims are highly complex in nature and require extensive understanding of maritime law. That is why our Maritime Attorneys are on hand to make sure you are treated fairly by your employers and get proper compensation for injuries caused by the negligence of your employer or the vessel’s owner. Carabin Shaw has a qualified, experienced team of maritime attorneys that will work for you to protect your interests. If you have been injured in the service of a Jones Act Vessel or while performing other maritime duties, contact Carabin Shaw day or night, 7 days a week for a free consultation. 800-862-1260