Virginia Jones Act Lawyer
A ship can be a dangerous place to work. The Jones Act can provide compensation for injuries caused by the negligence of the workers, employers, or co-workers on a vessel. A recovery is available even if the seaman was aware of the high risks involved in the work and undertook it anyway. In addition for claims of traditional negligence, a seaman’s claim could be based on other factors, including:
- Lack of proper safety training
- Lack of proper occupational training
- Poorly maintained or broken equipment
- Unseaworthiness of the employer’s vessel
- Failing to provide a seaman with safety gear
- Failure to hire a competent crew
Also, the Jones Act might apply even if an accident occurs ashore if the seaman is in the course of his or her employment.
Types of Compensation
If the shipowner, captain, or another member of the crew was negligent or incompetent, or if the vessel was poorly maintained, not seaworthy or unfit for its intended purpose, the injured worker has every right to bring those responsible to account for their actions. They are allowed to file suit to recover future loss of income, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to maintain a household, and other damages.
Maintenance & Cure
The entitlements for which injured workers are automatically eligible are: Maintenance and Cure are automatic under the Jones Act and are to be implemented even if the injury happened for reasons that were nobody’s fault.
This is a small daily allowance for living expenses during the time that you are injured. This should last for as long as the worker would have been working had the injury not occurred.
This is coverage for your medical bills, including rehabilitation and therapy, until the injured worker reaches maximum medical improvement. You should realize that maximum medical improvement can be reached even if the injured victim will never fully recover from his injuries, or even if he or she will never be able to return to work.
Important Time Deadlines
There are important time limitations for filing claims. It is important that you consult with an attorney as soon as possible after you are injured. You risk waiving or losing important rights if you sign papers given to you by your employer or give statements about your injuries or what happened. Consulting with an experienced maritime lawyer with help you to understand your rights and options.
Virginia Maritime Lawyer Richard Serpe
Attorney Richard Serpe has a Masters Degree (LLM) in maritime law from Tulane University School of Law and has obtained the highest ranking (Proctor) from the Maritime Law Association of the United States. He has successfully prosecuted cases under the Jones Act, bringing fair and just compensation to sailors who were injured while performing their duties. So protect yourself and your family by talking to an experienced maritime lawyer. At Richard J. Serpe, PC, we are here to help and we offer you a free initial consultation to discuss your case.