Important FActs Regarding Maritime Law and Jones Act You Ought to Know
While working on the sea, you may get hurt, but you are protected by Jones Act. Other maritime laws govern injuries sustained in the sea apart from Jones Act. Even though it depends on specifics of your case, the most common way to recover damages is through Jones Act. Jones Act is different from a maritime version of worker compensation even if it Acts like it. Workers compensation is paid regardless of fault which is different when it comes to Jones Act. In Jones Act, you have to prove negligence to get a worker’s compensation. For you to recover full damages, you also have to provide a reliable evidence. When it comes to maritime law, there are two categories of damages. Economic damages and non economic damages are the two type of maritime damages.
Economic damages are the ones that will compensate you when you lose wages or lose earning capacity or even medical expenses. Compensation for those who get abused by their employers, suffer from pain and sufferings is done by the non economic damages. Jones Act damages do not have a cap like workers compensation damages which is why they are different. Qualified seamen are eligible to recover their damages although the term is not clearly defined by Jones Act. A qualified seaman is the one who is assigned to work on vessels or fleets operating in navigable waters and spend most of his working hours on board. You should look for a maritime injury lawyer even if the Jones Act protects your rights if you have a maritime case.
Individuals are still entitled to recover some damages even if they fail to prove negligence when it comes to maritime law. Maritime workers who suffer from injuries or illness have a right to maintenance and cure, and this is stated even by the maritime law. Your medical bills should also be paid until you reach maximum improvement when you suffer from injuries or illness. On top of that, as you recover, you are entitled to receive medical checkups and also daily stipend to cater for your living expenses. You will claim those benefits if only a Jones Act suit is filed by you.
Maritime law requires ship owners to keep their vessels in safe working order, properly equipped and also operated by a professionally trained crew. A negligence suit can be filed by workers to claim for damages if they find out the vessel to be unseaworthy. The one who will be held responsible for the injuries suffered in an unseaworthy vessel if the owner of the vessel. You should hire a maritime injury lawyer when filing a negligence suit that would help you receive full payment.