Important FActs Regarding Maritime Law and Jones Act You Ought to Know
Those who get injured while working on the sea are protected by Jones Act. Apart from Jones Act, other maritime laws governs injuries suffered in the sea. The most common way to recover damages is through Jones Act even though it depends on specifics of your case Jones Act is different from a maritime version of worker compensation even if it Acts like it. Every fault is paid for by workers compensation, but this does not happen when it comes to Jones Act. You have to prove negligence to get a worker’s compensation when it comes to Jones Act. A credible evidence has to be provided by those who would like to recover their full damages. There are two categories of damages when it comes to maritime law. Economic damages and non economic damages are the two type of maritime damages.
Economic damages are the ones that will compensate you when you lose wages or lose earning capacity or even medical expenses. Compensation for those who get abused by their employers, suffer from pain and sufferings is done by the non economic damages. Workers compensation damages are different from Jones Act damages because they have a cap. Although Jones Act does not clearly define some terms, qualified seamen are eligible to recover their damages. The person who is assigned to work on vessels or fleets operating in navigation waters and spend most of those working hours on board is a qualified seaman. A maritime injury lawyer is the one you should look for if you have a maritime case even if you are protected by Jones Act.
When it comes to maritime law, individuals are still entitled to recover some damages even if they fail to prove negligence. A right to maintenance and cure has to be enjoyed by maritime workers who suffer from maritime law if they suffer from injuries and illness. Your medical bills should also be paid until you reach maximum improvement when you suffer from injuries or illness. More to that, you are entitled to receive medical checkups and also a daily stipend to cater for living expenses as you recover. If only you will file a Jones Act suit, that’s when you will claim such benefits.
Ship owners should keep their vessels in safe working order, adequately equipped, and also managed by professionally trained crew because that’s a requirement of maritime law. A negligence suit can be filed by workers to claim for damages if they find out the vessel to be unseaworthy. The owner of the vessel will be held responsible for any injuries that are suffered in his unseaworthy vessel. For you to file a negligence suit that would help you receive full compensation, you should hire an offshore injury attorney.