What Is The Jones Act For Injured Seamen?

A seaman that is injured on the job cannot file for workers' compensation benefits. He or she does have an option for getting payment for injuries suffered through the court though. The Jones Act provides certain protections for seamen. Here is what you need to know before you file a lawsuit against your employer.

The Jones Act

The Jones Act is an act that gives a seaman the right to file a lawsuit in a state or federal court against his or her employer for injuries suffered while working. This is different from workers' compensation laws. Under workers' compensation laws, an employee cannot sue his or her employer.

Under the act, a seaman has to meet certain requirements to be successful in his or her claim against the employer. One of those is proving negligence.

Negligence

Under the Jones Act, the employer has to meet certain guidelines including providing a safe working environment for employees. The employer is also responsible for ensuring that the vessel on which the seamen work is in good condition. 

Unsafe conditions on the vessel can be as small as grease on the deck or as big as equipment that has not been properly maintained. 

Causation

Just with any other personal injury law case, it is not enough to show that your employer did not provide a safe environment, you have to prove that it led to your injury. Fortunately, this is usually relatively easy to prove because the Jones Act lowers the bar required to meet this burden.

For instance, if you slipped on the grease on the deck and were injured, you only have to prove that there was grease on the deck, you slipped, and you suffered an injury. If you can prove that much, you have a solid case. 

Damages

You and your personal injury lawyer can file a lawsuit that covers the usual damages that are incurred in a workers' compensation claim. For instance, you can sue for lost wages and medical bills. Unlike workers' compensation claims, you can sue for pain, mental anguish, and suffering.

As with other personal injury lawsuits, time is important. If you have been injured while working, you and your lawyer need to file a lawsuit as soon as possible. If you fail to do so, you could hurt your chances of filing and winning a lawsuit. Your lawyer can help you identify other important deadlines of which you need to be aware. Contact a firm, like Lipman Law Firm PC, for more information on how to protect yourself.