Jones Act Claims
Jones Act lawyer James Beard is one of the Nation’s most experienced Maritime Injury lawyers. Representing Injured Fishermen, Fish Processors, Tug Boat Workers, Marine Construction Workers, Blue Water Seamen in claims for injury and wrongful death.
James Beard is one of the nation’s most experienced maritime injury lawyers. For the past 30 years he has devoted his legal practice to representing injured seamen in claims under the Jones Act and Federal maritime law. He has recovered millions of dollars in compensation for his clients. Beard now only accepts a select few maritime injury cases each year involving disabling career-ending injuries or death.
The Jones Act is a Federal statute that provides compensation to seamen and fishermen who are injured through the negligence of their employer. Federal maritime law is designed to protect the injured seamen, fishermen, and maritime workers; it is a right given to seamen by law. The Jones Act combined with the general maritime law provides injured workers the ability to get fair and complete compensation for their on-the-job injuries. To get fair compensation in serious injury cases involves a thorough investigation of how your injuries occurred and understanding how your injuries will impact your employment and future enjoyment of life. Under the Jones Act, an injured seaman or fisherman is entitled to a jury trial and has the right to file his suit in Federal or State Court.
The Jones Act protects and provides benefits to all workers aboard a vessel that contribute to its mission, including cooks, deckhands, engineers, mates and masters. It is the rule under Federal maritime law that fish processors who work on vessels that go to sea are covered employees under the Jones Act. In most cases, the Jones Act provides greater benefits to injured fish processors than State Workers’ Compensation systems. It is critical that employers provide proper training and safe equipment to prevent fish processors from being injured at work.
In almost all cases, an injured seaman is entitled under the maintenance and cure doctrine to have his injury-related medical expenses paid and also to receive a daily living allowance. In addition to these benefits, under the Jones Act a seaman injured through negligence of his employer or fellow crewman is entitled to compensation for pain and suffering, disfigurement, lost wages, future lost wage earning capacity, vocational retraining expenses, loss of enjoyment of life and future medical expenses.
Attempting to determine the fair value of compensation that should be paid to a Jones Act seaman involves weighing multiple factors. To receive compensation under the Jones Act, the seaman is required to prove that his employer was negligent. The Jones Act requires an employer to provide the seaman a safe place to work, the proper tools and equipment to do a job, and an adequate number of crewmen to do an assigned task. Almost all injuries at sea can be prevented if proper safety procedures are followed. Don’t accept blame for a maritime injury accident that is not your fault. The Jones Act contains special provisions that void any contractual language, device or regulations that attempt to prevent an injured seaman’s right to claim compensation. If your employer violates a safety regulation that contributes to your injury, the employer may not be able to claim any comparative fault as a defense to your claim.
An injured seaman or fisherman should never guess about whether or not he has the right to compensation under the Jones Act. When injured, the seaman should consult an experienced maritime lawyer as soon as possible to learn about the rights and benefits he may have under the Jones Act. Don’t accept blame for a maritime injury accident that is not your fault. Never sign a release of your right to compensation without first discussing your maritime rights with an experienced Jones Act and maritime law injury lawyer.
The Jones Act is an adversary system. The vessel owners and their insurance companies are working against a crewman to defeat and minimize the amount of money they will have to pay in compensation. While you are recovering from your injuries, the insurance company’s representatives are building a case against you. They may be talking to your doctors and gathering statements from witnesses. Modifications and changes may be made to the equipment involved in your accident. To level the playing field, an injured seaman needs an experienced Jones Act injury lawyer who understands the nature of your injury and the fair value of your claim. If the insurance company or your employer is telling you that you don’t need lawyer, in most cases it is a sure sign that you do need legal representation.
Beard’s background and experience allows him a unique connection with his clients. He understands you and he understand the jobs you do working aboard ships, tugs, and fishing vessels. Beard knows how serious injury accidents will impact you and your family the rest of your life. When Beard tells you he thinks you have a good case, you can be confident that opinion is based upon years of experience in handling Jones Act injury claims.
If you have been injured while working aboard a ship, tug, ferry, fishing boat, or construction barge, it is important that you fully understand your rights under Federal maritime law and the Jones Act. Beard offers free initial consultations; call him toll free to discuss your claim at 1- 800-621-1091. You can trust Beard to protect your rights under the Jones Act and to get you fair compensation for the injuries you have suffered.