Seamen and other maritime workers should always take prompt action after a maritime injury to ensure they receive the medical attention and compensation they are entitled to under the law. Knowing the rights and procedures governing the Jones Act and whether you need to be represented by maritime lawyers is vital to taking full advantage of the benefits available to maritime workers injured on the job.

Seek Immediate Medical Attention

Don’t ignore small wounds, painful bruises, and superficial injuries. Request medical personnel to examine the injury as soon as possible to avoid future complications. Prioritizing your health and safety while at sea is important for you and the crew and for successfully fulfilling your duties. Keep accurate documentation of your injuries and include details like where the injury happened, boat and weather conditions at the time of injury, and treatments prescribed by the attending physician.

Report the Injury to the Employer

Document the exact time the injury occurred and when you reported the injury to your employer. If your injury legally entitles you to supplementary compensation, don’t wait several hours before reporting it. A defense attorney would likely point out the injury wasn’t severe enough to be reported immediately. Keep copies of everything you report, including text messages, voicemails, and other communications with your employer and physicians.

Gather Evidence

Collect detailed statements from all witnesses to the injury, if possible. Witness statements can help bolster accusations of unsafe conditions or other negligence aboard the vessel. Take photographs of the injury, the accident scene, and anything else you consider relevant to the injury. Keep and preserve any equipment involved in the injury to prove that a defective item aboard the ship may have contributed to the injury.

For example, cables aboard cargo ships should be regularly inspected for defects. If a seaman is struck by a defective cable that snapped while securing cargo, and the defect existed before the cable snapped due to lack of inspections, the seaman may be entitled to additional compensation.

Understand Your Legal Rights

Maintenance and Cure

Seamen suffering a maritime injury typically have the right to the no-fault benefits of Maintenance and Cure. Maintenance benefits for injured seamen include most household expenses, such as utilities, mortgage, rent, property taxes, and necessary supplies. Cure benefits include payments for medical expenses during the seaman’s recovery.

Maintenance and cure benefits continue for as long as it takes the injured seaman to recover fully or achieve a condition called “maximum medical improvement.” This means they have reached a recovery point that is not expected to improve.

The Jones Act

The Jones Act (46 U.S. Code Part G–Merchant Seamen Protection and Relief) is a federal law allowing maritime workers to sue employers when injured at sea. The Jones Act also gives qualified workers the right to injury-related compensation if the worker can show the injury happened due to a vessel’s “unseaworthiness.”

Under the Jones Act, seamen can make a maintenance and cure or negligence claim if they prove their vessel is unsafe or poorly maintained and that subpar conditions contributed to their injury. Specifically, the injured seaman must provide evidence that a crew member, vessel captain, or vessel owner was negligent and failed to take proactive measures to ensure the safety of the crew and vessel.

Common unsafe conditions reported in Jones Act negligence claims include equipment malfunctions, improper training methods, co-worker negligence, and employer disregard for general crew safety.

Consult a Maritime Injury Lawyer

A seaman with a maritime injury can handle their case independently of legal counsel. However, seasoned maritime lawyers strongly urge injured seamen to seek legal assistance to avoid being taken advantage of by employers and their insurance companies. Unfortunately, employers and maritime insurance agencies do not have your best interests in mind. Instead, they will do everything possible to significantly reduce your settlement or have it thrown out of court altogether.

Don’t depend on personal injury lawyers unfamiliar with the complex laws governing The Jones Act. Only maritime lawyers with in-depth knowledge of nautical codes and laws regarding maritime injuries have the kind of high-level expertise necessary to obtain an outcome advantageous to your situation.

Contact the Ledger Law Firm Today to Schedule a Free Consultation with Maritime Lawyers

Remember that taking immediate action after a maritime injury is vital to getting the benefits you deserve. Report the injury as soon as possible, take photos of the injury and the environment in which the injury happened, get witness statements, and seek treatment promptly.

Getting legal advice from the top-notch maritime lawyers at our law firm can mean the difference between receiving adequate compensation or being taken advantage of by self-serving employers and maritime insurance companies.

Call 800-300-0001 or fill out this form to schedule a free consultation with The Ledger Law Firm if your maritime injury prevents you from earning a living wage. We can help you get the benefits and compensation you are entitled to under federal law.