Do You Qualify for Compensation Under the Jones Act?
Posted on Mar 20, 2013 5:05pm PDT
If you work offshore on an oil rig, vessel, or are in any other seaman-type position, then you may qualify for compensation under the Jones Act. Jones Act claims are different from worker's compensation claims are, and admittedly these claims often come with higher financial packages for damages. The Jones Act is a part of admiralty law and is a governmental proposition that was set in place in order to protect United States workers that spend their work hours in the dangerous oceans.
If you suffer personal injury or illness due to seaworthiness, or due to the fact that an employer was negligent aboard your ship or vessel, then you may qualify for this compensation. Jones Act claims often have a higher financial return, and they cover more than worker's compensation claims can. In fact, Jones Act claimants can often receive reimbursement for expenses that a worker's compensation claimant cannot.
There are massive differences between worker's compensation and Jones Act compensation. One of the biggest differences between the two is that Jones Act compensation is restricted solely to offshore workers, whereas almost any worker who was hurt in a preventable injury can file for worker's compensation. If you were injured in the job and worked in a marine environment, then you should make sure to hire a lawyer who deals with maritime claims. You have special rights that are outlined in the Jones Act, the Longshore & Harbor Worker's Compensation Act, and general maritime law.
Unfortunately, employers may try to hide this information from you if you are injured on their vessel. Some men and women don't want to admit that they will not need to give you such a high amount of compensation for damages, so instead they may claim that you only qualify for worker's compensation. If you employer insists upon this fact, then you should double check with an experienced maritime injury attorney in your area to make sure. Your employer may be lying to you, which would mean that you may even get a larger settlement then you originally hoped for. In fact, the difference between a Jones Act benefits package and a worker's compensation package can be as great as hundreds of thousands of dollars.
Working as a seaman is naturally a high-risk occupation. Men who take on this daunting hob are often forced to carry heavy loads, work with large pieces of heavy equipment, and must trust the seaworthiness of a vessel. One severe storm can cause extreme injury or death to workers on oil rigs out on the ocean, or a mistake can cause a terrible explosion. In addition to all of these dangers, medical attention is normally miles away. Most likely, an employer will have to call a helicopter to come out to the vessel and pick up the injured worker. If an employer fails to perform this duty and an injury is serious, then it can result in a lawsuit.
As an injured maritime employee you have the right to quick medical treatment and if your injury cannot be treated on-site your employer is responsible to call emergency workers to the scene immediately to assist you. Whenever you choose to file a Jones Act claim, it is essential that you have an experienced maritime injury attorney there to argue on your behalf. This is especially true if you have a deceptive employer who has lied to you concerning your right to Jones Act compensation. If you have recently been injured offshore then you need to hire a local lawyer to assist you in your case today!
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