The Jones Act is a federal law that allows injured maritime workers to file a claim for benefits when they are injured on the job. To qualify for benefits under the Jones Act, you must perform a significant amount of your work on a vessel, which is generally any type of boat or ship.
Types of Jones Act claims
There are two types of claims you can file under the Jones Act. The first type of claim is a maintenance and cure claim, which provides you with compensation for your medical needs and daily expenses after an injury.
The second type of claim is a negligence claim against your employer. A successful negligence claim allows you to potentially receive additional compensation for other types of damages.
You can typically receive reimbursement for medical expenses through a Jones Act claim based on negligence. Medical expenses include bills for past medical treatment and future medical expenses associated with the injury. In addition, you could receive compensation for past and future lost wages and pain and suffering.
You must prove your numbers for damages you request. For example, if you request compensation for lost wages, be prepared to provide prior paystubs or tax returns to prove how much you were making.
Your employer is legally required to provide you with a reasonably safe working environment and properly maintain a vessel. Proving negligence under a Jones Act claim requires you to show that your employer failed in this legal duty and that failure caused your injury.
If you believe you have a viable Jones Act claim, here are the steps to take to get your claim started.
Report the injury to your supervisor as soon as possible
Waiting to report the injury could harm your Jones Act claim because it may appear as though you were not hurt or the injury was not serious enough to warrant fast reporting.
Your employer might have an official accident form for you to fill out. Read the form carefully and determine if there is a section asking who is responsible for the injury.
Make sure to indicate your employer is at fault for the injury. Failing to include this information, even by leaving the section blank, could hurt your case.
Obtain immediate medical treatment. Your employer has a legal duty to provide you with medical care for the injury.
You may not be able to see your own doctor right away, depending on where you are when the injury occurs. Whichever doctor you initially see, follow all their instructions and keep copies of documentation.
When you return home, see your own doctor. Continue to follow instructions, keep all appointments and save copies of medical records.
Talking with insurance companies
You will likely be contacted by your employer’s insurer who will ask you to answer questions or give a statement about what happened. You do not need to give a statement right away. You might want to tell the insurance company that you are not ready to give a statement yet but will in the future.
Eventually, the insurance company will offer you compensation to cover your losses. You should generally not accept an offer until you are fully recovered from your injury and have reached maximum medical improvement.
Otherwise, you risk accepting an offer that turns out to be too low, especially if you return to work and find that you are still having trouble performing your job duties due to the injury.