Boat Accident Lawyers

The Jones Act and Its Remedies

Prior to 1920, seafaring employees did not have a clear path of recourse to seek if they were injured while working at sea. Several formal and informal standards were used to gain recovery for injuries suffered within this context. This informal setting applied whether seafaring employees were injured as a result of negligence on the part of the employer or not.

Given the importance of seafaring vessels in relation to the overall American economy, Congress decided to pass the Jones Act in 1920, which was the first law of its kind, and was intended to provide a clearer path towards recovery for those who were injured while working at sea. Although this statute was and remains extremely complicated, Jones Act lawyers will be able to further explain in detail the types of damages available to you that are briefly described below.

Jones Act Damages Options

The Jones Act explicitly provides two avenues for remedies for injured seamen. They are designed to protect the employee as he or she works towards recovery.

1. Transportation, Wages, Maintenance and Cure

The list above requires liable employers to pay for the employee's ancillary expenses by way of funding the employee's transportation to a medical facility and by continuing to pay the employee's wages until the sea voyage is complete.

Maintenance and cure are paid by the employer until the employee has reached his or her maximum level of recovery from the injuries suffered. This includes medical costs, living expenses and the like.

2. Negligence Damages

If a seafaring employee was injured in any way while working at sea that was a result of the negligence of the employer, the Jones Act also provided for the recovery of damages for pain and suffering, which is a traditional form of recovery for "garden variety" negligence cases involving personal injury. Pain and suffering is an intangible term that refers to the anguish and stress suffered by the injured party in addition to the physical pain incurred.

What to do Next

Overall, if you've been injured while working at sea, you should not hesitate to seek proper medical attention. Without proper physical recovery, you will never be able to return to work and to earn income. You should also contact the Jones Act lawyers at Williams Kherkher, as this statute is extremely complicated, and its application to your situation should be done by an attorney who understands the intricacies involved.