Jones Act Attorney

Seaman's Rights in the United States

Seamen have a number of important legal rights when it comes to injury aboard a vessel. Unfortunately, most seaman are unaware of their rights and therefore receive poor medical care and limited support once they are sent back home. Knowing this lack of Jones Act law knowledge among seamen, ship owners often abandon the seaman. Although this is in violation of both international and United States laws, the ship owners know that the seamen usually will not fight back.

Legal support is often widely available for ship owners and employers, but seamen need to know what their rights are according to the laws in the United States. Knowing their legal rights and some basic Jones Act law is crucial, especially when an accident occurs. Seamen often think that a Jones Act attorney will be too expensive, however many work on a contingent fee contract where they get a percentage of damages recovered. If no damages are recovered, the seaman does not pay any money.

If an accident does occur onboard a ship, the seaman may be entitled to certain rights under U.S. law. For example, rights may include: Wages, Medical Care, Food/Shelter, and possibly lost wages due to injury (this depends on if negligence of the employer or ship owner is a factor).

What does a seaman do if an injury occurs onboard? First, report the incident to your supervisor and make sure the accident is logged (including the date and name of supervisor). Next, write down the contact information for all witnesses. If you can take photos of the place the accident occurred, do so immediately. Get medical help by asking your direct supervisor or the Captain. Once you see the ship's doctor and/or nurse, write down their names. Sometimes the employer or ship owner will try to get a seaman to sign away certain rights, but do not sign anything unless reviewed by a Jones Act attorney.

If the injury results in a situation where you cannot work, make sure to notify your employer immediately. Include the doctor's name that said you cannot continue to work. Right away ask for money for daily living expenses while your medical treatment is in progress. This may be a direct monetary stipend, or the ship may provide shelter and food directly to the seaman.

Often the employer wants to get the injured seaman off the ship as quick as possible. Do not agree to go anywhere without discussing with the doctor: travel restrictions (if any), further medical care and where you will get this, and his opinion on if you are well enough to go home. Again, so not sign any papers without consulting a Jones Act attorney. (The only thing you may sign is receipt that acknowledges wages received while injured.) Also, do not discuss the case with other employees or supervisors after the initial report is made.

As you can see, a seaman educated about his or her legal rights has a much better chance of recovering damages when injured. The statute of limitations is only 3 years from the date of the accidents, so a lawsuit must be filed before that time expires. It's best to contact a Jones Act attorney as soon as possible. The specialists at Williams Kherkher can help you get the help you need.