The Jones Act is a federal law that protects seaman and other workers that are injured while working on or near the navigable waters. In order for the Jones Act to apply to the injured worker, they must be under a class known as the seaman. This is the term of art that is used by a large body of the law. Statutory law can determine whether or not a worker would be categorized as a seaman.
If you have been seriously hurt while working on a ship, barge, or other vessel, it is important to contact an experienced injury attorney immediately. A knowledgeable Charleston Jones Act attorney can help you navigate the ins and outs of the law to assist in maximizing your recovery in your claim.
Any worker who spends at least thirty percent of their time working on a ship or on the water by other ways will likely be considered a Jones Act Seaman and entitled to the full benefits under that law that are provided to these injured workers.
The Jones Act covers those that are deemed to be a seaman. If a person falls into this category, then they will seek discovery for their damages from their accident under the Jones Act. The law allows a person to recover past and future wages, past and future medical care and treatment, as well as other general damages for their injury. A knowledgeable Jones Act lawyer in Charleston can help an individual discover whether they are eligible to file a claim.
The general damages available in a Jones Act case would include pain and suffering, loss of enjoyment, permanent impairment, and loss of consortium. Such damages can be best pursued by a Charleston Jones Act lawyer who understands the dynamics of the case.
It also allows the individual to move for maintenance and cure, which is important because other maritime injuries do not allow a worker to move for maintenance. This means the insurance company and employer have to pay for shelter and food that would have been available on the vessel. This is to be supplied in reasonable amounts, every day, until the injured worker has reached the maximum care, which is the date of which the doctor released the person from their medical care and treatment.
This allows the injured worker to choose their own doctor and permits the individual to bring the claim for unseaworthiness against the vessel owner.
Filing a Jones Act Claim
Injuries on a ship or other vessel can be caused by and occur in many ways, including a defective condition on the ship that the owner of the ship knew about or should have known about, or by a dangerous condition that has been created or ignored by a captain or other member of the crew.
Whether an individual has suffered personal injury or damage to personal property, they are likely entitled to seek money damages to reimburse them for what they have lost. When an individual brings their injury claim to a Charleston Jones Act lawyer, they can help them make a recovery as fast as possible.
Consult With a Lawyer
A Charleston Jones Act lawyer can help you in many ways, including helping to file a case in either federal or state court, help you decide which venue is best for you and your claim, and help you decide whether you should file for a bench trial in front of a judge or move for a jury trial.
You may have a case against your captain, the ship owner, a member of your crew, or even a combination of these potential parties who may have caused or contributed to your accident. An experienced Jones Act attorney in Charleston can help you pursue your claim and assist in recovering any just compensation.