Am I covered under the Jones Act (part 2)?

March 21, 2011 @ 05:15 PM -- by

Since I am a Corpus Christi and Victoria Jones Act lawyer, I am aware of the remedies available to an injured Jones Act seafarer. An employer owes a seaman a higher duty of care under the Jones Act than an ordinary negligence case, and the employer can be liable if its breach of that duty, no matter how small, contributed in any way to causing the seaman's injury. In order for a worker to recover under the Jones Act, a worker must prove some negligence or fault on the part of the vessel's owners, operators, officers, and/or fellow employees or by reason of any defect in the vessel, its gear, tackle, or equipment. The Jones Act also provides an injured seaman a remedy against his or her employers for injuries arising from negligent acts of co-workers during the course of employment on a ship or vessel.

A Jones Act claim must generally be brought within three years of the injury. An injured worker's maritime claim under the Jones Act can also raise claims against a vessel's owner that a dangerous condition existed on the vessel that made the vessel unseaworthy.

 

An injured worker under the Jones Act may recover the following legal damages:

 

Wages lost from the time of the injury to the time of trial;

Wage loss in the future (often due to loss of earning capacity);

Medical expenses in the past;

Medical expenses in the future;

Pain and suffering in the past and future;

Mental anguish in the past and in the future; and

Physical disfigurement.

 

If an injury causes the death of a seaman, the surviving widow or husband and children of the employee become the beneficiaries under the Jones Act. If the worker does not have a spouse or children, then the beneficiaries include the employee's parents. A personal representative such as an executor is entitled to bring an action that the worker (had he lived) would have possessed against his employer. The worker's cause of action against the employer does not die with the worker. In a death cases, damages go to the seaman's survivors.

 

Contact Corpus Christi and Victoriaadmiralty attorney Scott Nelson if you or a loved one needs help with a maritime matter. Mr. Nelson also serves Galveston, Brownsville and all of Texas.

DAMAGES UNDER THE JONES ACT