Accidents on vessels, oil rigs and other maritime environments can result in serious injuries. The Jones Act offers protection for maritime workers who suffer such injuries due to employer negligence.
Filing a claim under the Jones Act allows injured workers to seek compensation for medical expenses, lost wages and other damages. Understanding what to expect during the claim process can help you navigate your legal options.
Investigating the accident
The first step in a Jones Act claim involves an investigation of the maritime accident. You must provide evidence of the accident and prove that the employer’s negligence contributed to the injury. This could entail collecting witness statements, photographs, maintenance records and medical reports. It is important to document the working conditions and equipment involved in the accident.
Proving employer negligence
To succeed in a Jones Act claim, there must be a link between the employer’s negligence and the maritime accident. Establishing this link could include showing that the employer failed to maintain safe equipment or ignored safety regulations. The Jones Act requires only that the injured worker prove the employer’s negligence contributed to the injury, even if it was just a small part of the cause.
Filing the claim in the right court
Maritime law can involve both state and federal courts. Filing a Jones Act claim may require taking the case to federal court, but some claims can proceed in Louisiana state courts. You will need to file the claim within the correct jurisdiction to ensure the case moves forward in a timely fashion.
Recovering compensation
The goal of a Jones Act claim is to recover compensation for medical expenses and other recoverable damages. Injured workers in Louisiana can receive compensation not only for current medical bills but also for ongoing medical care if the injury results in long-term disabilities. Compensation for lost wages may cover both past and future earnings if the injury prevents you from returning to your job.
The process for seeking compensation under the Jones Act can differ greatly from other workplace accidents. Knowing what to expect can help you proceed with confidence and navigate the legal procedures without delay.
