Mental Anguish under the Jones Act

For years the emotional consequences of physical injury were overlooked by doctors and juries alike, but fortunately that has changed in recent decades. In recognition of the serious effects emotional trauma can have on a person's life and work prospects, the Jones Act does allow injured sea workers to receive compensation for mental anguish. The regulations governing who can and cannot receive this compensation are complex, however.

Who Qualifies

A sea worker who has been injured due to employer negligence may request compensation for mental anguish if he or she:

• Suffered severe and justified anxiety after being exposed to conditions which could have predictably lead to illness or death, such as touching cancer-causing toxic substances
• Has suffered emotional pain as a result of an injury, such as anxiety or reduced quality of life
• Was placed within a "zone of danger" during an accident, meaning that he or she was at a real risk for serious physical injury

Who Does Not Qualify

Unfortunately current regulations prevent many people who have been emotionally affected by a maritime accident from receiving compensation. A person does not qualify for compensation for mental anguish if he or she:

• Is a friend or family member of a sea worker killed in a maritime accident
• Witnessed a traumatic event, such as the death of a co-worker, but was not injured or in immediate danger of serious injury
• Suffers emotional anguish that was not a foreseeable consequence of employer negligence

How a Jones Act Attorney Can Help

Because the regulations set down by the Jones Act are so complex, it can be very difficult to win compensation for even severe mental anguish. Fortunately a talented maritime lawyer can help you build a solid case and win the compensation you deserve.

To speak to an experienced Jones Act lawyer, contact Williams Kherkher at 866-950-9000.