New York City Jones Act Lawyers Helping Injured Maritime Workers Defend Their Rights
As the population grows and residents move closer to the shore, maritime professions are becoming more abundant. Maritime occupations pay well and seem to be favored in many parts of the country for their fun and unusual disposition.
Along with the sudden growth of maritime occupations also comes the need for compensation for on-the-job maritime injuries. The Jones Act, which is also known as the Merchant Marine Act of 1920, provides that protection for seamen and crew members injured at sea.
As New York personal injury attorneys, we can tell you that many men and women who work on boats, cargo ships, ferries, docks, or even on open sea vessels are provided powerful maritime injury coverage as opposed to workers’ compensation coverage. The Jones Act gives injured seamen or crew workers the ability to pursue compensation for injuries that occurred at sea.
There are some very specific differences between the coverage provided by the Jones Act and workers’ compensation, so it is important that you have an experienced attorney who is well versed in the maritime laws. The Law Offices of Michael S. Lamonsoff, PLLC, has over a century of experience representing victims of maritime injuries and winning their claims.
What exactly is the Jones Act and how is it different from workers’ compensation?
The Jones Act is better known as the Merchant Marine Act of 1920. It is a law that provides protection for seamen, crew members, men, and women who work maritime occupations. Many people think that the Jones Act and workers’ compensation are the same thing and that couldn’t be further from the truth.
The coverage in each is quite different. For instance, workers’ compensation coverage is available regardless of fault in an accident, but the Jones Act allows benefits based solely on an employer’s negligence. The types of compensation available for recovery are also different in both cases.
Workers’ compensation allows the victim to recover approximately two-thirds of their weekly salary not to exceed $808.65, while the Jones Act allows the victim to recover all lost wages from the time of the accident. There is clearly more compensation available through the Jones Act, but it can be much harder to prove negligence, which is necessary to win.
What are maintenance and cure payments?
Maintenance and cure payments are benefits that are paid by the employer when a maritime injury claim has been filed under the Jones Act. Maintenance payments are intended to cover reasonable living expenses while you are recovering from your injuries, whether or not you may be able to work.
Cure payments are those payments made by your employer to reimburse you for fair and reasonable medical cost necessary for you to heal from your injuries. You are entitled to maintenance and cure payments regardless of fault in the accident that occurred.
What type of damages can be recovered under the Jones Act?
Please remember that each case is different and treated on an individual basis. Depending on the circumstances surrounding your case and the severity of your injuries, there are different types of damages that may be recovered. Some of the most common damages that are recovered in claims filed under the Jones Act include lost wages, loss of earning capacity, medical bills, as well as pain and suffering.
How do I know if I am eligible to file a claim under the Jones Act?
If you have been injured on the job and you have already received medical attention, the very next thing you should do is seek legal counsel. Speaking with a highly skilled and experienced attorney will help you understand what your options are and which moves will benefit you the most.
It is important to speak with a qualified attorney immediately so that you can be advised which actions may even void your rights to financial compensation. If you are not sure whether your injuries qualify under the Jones Act, your attorney will be able to offer you guidance there as well.
An investigator representing the company wants a statement, what should I do?
You should direct them to speak with your attorney and avoid giving any type of sworn, recorded, or written statement. Let your attorney handle all of that. The investigators know that they are really representing the best interest of the company so they will understand when you ask them to speak directly with your attorney.
What is the statute of limitations on a claim filed under the Jones Act?
The statute of limitations is three years on claims filed under the Jones Act. While this is plenty of time to consider the options, it is recommended that you don’t wait. If you even think you may want to file a claim, you’ll want to do it as quickly as possible. Evidence fades and details are forgotten over time. Filing your claim early will allow your attorneys to conduct a thorough investigation while evidence is fresh and available.
How Can The Law Offices of Michael S. Lamonsoff, PLLC, help with my Jones Act claim?
Claims filed under the Jones Act, or the Merchant Marine Act of 1920, are claims filed under a focused practice of law. This anomalous statute is very different than land-based law so it should be handled by attorneys that are well versed in maritime laws.
An experienced attorney understands that the purpose of a claim under the Jones Act is to maximize financial recovery and lead to corrective action to avoid future injuries. This is really the purpose for most injury claims; however, maritime laws can be a bit complicated, so it is important that you have an attorney with a full understanding of how they work.
The Law Offices of Michael S. Lamonsoff, PLLC, has more than one hundred years of experience successfully representing victims who have made claims under the Jones Act. The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, will investigate diligently and fight fiercely to represent your best interest every step of the way.
Call a NY Jones Act law firm with extensive experience
The Law Offices of Michael S. Lamonsoff, PLLC, has offers years of experience successfully representing Jones Act and Merchant Marine Act claims in New York. Our legal team works with experts in the field to present the strongest argument to help clients recover the maximum compensation possible.
If you sustained a serious injury while at work or performing the necessary duties of your maritime job, The Law Offices of Michael S. Lamonsoff, PLLC is here to help. Contact us by phone at (877) 675-4529 for your free consultation, or fill out the consultation request form on our website and a Jones Act attorney will contact you.