Jones Act Law
The Jones Act was passed in the 1930s to provide medical and financial benefits for injured seamen often called maintenance and cure. If you work on a boat, barge, ship, fishing boat, cruise ship, charter boat, casino ship, or any type of vessel with the word “ship” or “boat” in it, or on an offshore drilling rig you are most likely covered under the provisions of the Jones Act. You may also be covered under the Act if you work near or on the water. If you’ve been injured in the course of your work, it’s important to protect your rights by speaking to a qualified and experienced Jones Act attorney. At the law offices of Brian White we are experienced in helping injured employees receive the best medial attention available and recover full compensation for their injuries.
Unseaworthy Vessels
A vessel owner has an absolute duty to maintain a seaworthy vessel. A “seaworthy” vessel is more than simply the fact it’s not in imminent danger of sinking. A vessel must be fit for its intended use, outfitted with appropriate equipment and safety gear, have a competent crew, and be a safe place to live and work. A ship or barge can be seaworthy when it leaves shore and can become unseaworthy because of dangerous situations that arise during a voyage. When a client is injured on a barge, a rig or other vessel, the law offices of Brian White initiates a full investigating into the nature and circumstances of an injury to determine liability for the accident. Often when we file a Jones Act claim, we also will bring a claim that a vessel is not seaworthy.
Liability of Third Parties
Under certain circumstances, such as when a seaman's injury is caused by an employee of an independent contractor aboard a vessel, it may be possible to pursue a cause of action against that independent contractor in addition to the Jones Act claim. A qualified attorney will help an injured seaman identify all possible sources of recovery.
What is Maintenance?
Under the Jones Act provision to provide maintenance the employer is obligated to pay a daily maintenance fee while you are out of work. This fee in the past has been as low as $8 a day. Contrary to what you might have been told, this fee is not fixed by law. Some employers pay an injured worker’s full paycheck. If you are injured and receiving on the low side of your daily maintenance fee, you’re probably concerned how you are going to live on it. So is Brian White. Call an experienced Jones Act attorney today and he will help you get the daily maintenance fee you need to live on.
What is Cure?
When you are injured on the job, your employer will typically refer you to company approved doctor. You are not obligated to see or accept the diagnosis of a company doctor. Under the Jones Act an injured seaman can see any physician for his care. Injured Jones Act employees have experienced that company approved doctors don’t always provide the full range of medical tests required for a comprehensive diagnosis. Your health may be at stake if you are rushed back to work, even in a temporary or reduced capacity position designed to accommodate your injury. It is not unheard of for an employer to eventually eliminate the reduced capacity position leaving the injured employee without work and without benefits. It’s not in your best interest to return to work until you are fully healed and capable. At the law offices of Brian White we will direct you to the some of the best physicians available who specialize in your injury. This is your right under the law. Don’t let anyone tell you this isn’t your right. If you are not getting the best care available, call the law offices of Brian White. We will give you the personal attention you need and deserve and advise you of all of your medical options and legal rights under maritime law.
Who is Liable for Your Injuries?
Unlike workers compensation law that provides benefits to injured workers regardless of fault, under the Jones Act, an injured worker must show that negligence on the part of his employer or a fellow crewmember contributed to his injury to recover benefits. Your company may ask you to sign a release before giving you maintenance and medical benefits. It’s vital to your future ability to collect benefits to have all legal documents reviewed by a competent maritime attorney. It is in your best interests to protect your rights to a full recovery of compensation for your injury by contacting an experienced Jones Act lawyer before signing any documents or initiating a claim.
The Company Doctor
Under the Jones Act an injured worker is under no obligation to see a company designated doctor. It’s usually in the best interest of an injured seaman to seek out professional medical care from a physician who is not in any way connected to an employer. The law offices of Brian White can help you find the best medical care for your injury.
What’s a Fair Settlement?
There is a long list of factors that goes into a realistic settlement. Despite employees’ best intentions of trying to settle with an employer themselves, it may not always be to their advantage. Even if you’re dealing directly with your employer or human resources department, they are consulting their attorneys before speaking to you. They have their strategy all mapped out. They know the range of all the Jones Act settlements for your particular injury, with your skill level. There are significant future costs to consider when calculating a settlement figure, and whatever figure you give them, they will want to negotiate it down. Before you do anything rash that could affect your future health and earning capacity, talk to the experienced Jones Act attorney at the law office of Brian White. We will fight hard to get you the best settlement under the law that takes into account all of your present needs for medical attention, lost income, rehabilitation, retraining, future lost wages, and much more.
Free Consultation
We never charge a fee until we win your case. Don’t compromise your rights to recover the compensation you need and deserve by waiting to act. We will listen to your concerns and answer your questions.
Houston Jones Act Lawyer
Brian White
Toll Free (866) 500-4394
Local (713) 244-5529