Injured seamen, longshoremen and maritime workers are eligible for benefits under the terms of the Jones Act. In order to qualify for benefits, a seaman or maritime worker must be injured while working in service to a ship in navigable waters. This means injuries that occur offshore, as well as those that occur on land, are covered if they involve work injuries related to ship duties and tasks.While the Jones Act covers work-related injuries, it also allows injured seamen and maritime workers to recover additional damages for pain and suffering when a shipowner or operator was negligent. At the law office of Shea & Shea – A Professional Law Corporation, our San Jose attorneys have the resources needed to investigate maritime accidents and expose negligence and safety violations that cause serious injuries to workers on tankers, freighters, rigs, barges, platforms and seagoing vessels. For more information about the potential validity of your claim, call (408) 292-2434 now.
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Benefits You Are Entitled To Under The Jones Act
Regardless of whether your injuries were the result of negligence on the part of your California employer, you are eligible to receive the following benefits under the terms of the Jones Act:
Maintenance
An injured maritime worker is eligible to receive a daily allowance equal in the amount of money to what it would have cost to feed and shelter that employee had he or she not been injured at all.
Cure
A shipowner or operator is required to pay an injured worker’s medical expenses until he or she has recovered a maximum amount of health. These costs could include expenses for all or some of the following:
- Transportation (ambulance, helicopter airlift)
- Emergency room treatment
- Surgery
- Prescription drugs
- Medical equipment
- Physical therapy
When a ship is in disrepair or when safety violations, poor training or other issues create hazards on board, it is considered “unseaworthy.” This does not mean that it is unable to sail or function; rather, it refers to dangerous and hazardous conditions brought about by a shipowner or operator. If your injuries were the result of negligence on the part of your employer, you may be able to recover compensation for pain and suffering and additional damages beyond what you are eligible to receive for maintenance and cure. Our San Jose personal injury lawyers consult investigators and work with maritime safety experts in exposing gross negligence on the part of employers. We interview other ship workers and demand nothing less than fair compensation for our clients’ injuries.
Call Us Today To Consult With An Experienced Attorney
Not all shipping companies or maritime employers are completely honest with their employees. Especially when negligence and “unseaworthiness” are involved, an employer may tell an injured seaman he or she has to be treated by a company-approved doctor. Or, an injured maritime worker may be asked to sign a report involving the accident that completely absolves the company of liability and wrongdoing.
As your legal representation, our San Jose personal injury attorneys protect your rights and intervene on your behalf with your employer. We won’t let you sign anything that could impact your ability to recover damages later. And, we won’t let your employer mislead you into thinking you have to see a doctor they approve. We work hard to ensure you receive the benefits, rights and protections guaranteed to you under the law.
Email us today for additional information about the Jones Act, or call our office at (408) 292-2434.