Because the Jones Act is so complex, it is essential that you hire an attorney with experience in maritime law.
Experienced personal injury attorneys like Brown & Musslewhite, know how to determine whether the Jones Act, Longshore and Harbor Worker’s Compensation Act, state workers’ compensation law or general state or maritime liability laws apply to your injury accident.
The Jones Act is a federal statute that provides a cause of action for injured seaman and offshore workers. It is not workers’ compensation that pays regardless of who is at fault for the injury or accident. An injured worker must prove negligence or fault on the part of the vessel’s owners, operators, officers, and/or fellow employees. This means that an employer must do something unreasonable or fail to perform a reasonable act that would have prevented the injury or accident. Maritime torts/injuries are unique because of the application of these federal laws. When you have suffered a serious injury or lost a loved one due to an employer’s disregard for safety, you need a unique and skilled attorney that knows how to tackle the law and get you fair compensation, you need Brown & Musslewhite on your side.
Maritime and offshore accidents occur as a result of many different type of unsafe work practices. Some of the most common unsafe work practices on offshore vessels include:
- Unseaworthiness: Is the vessel fit, safe and properly maintained?
- Improper equipment: Was there the proper equipment on board to safely perform the job? Is the equipment maintained and in good working order?
- Inadequate training: Was the crew adequately trained in safety procedures and in how to perform their job duties. What about other crew members?
- Violation of safety rules: The maritime industry is heavily regulated to ensure safe working conditions. Violation of federal, state or industry safety guidelines can result in injury or death
Maritime law requires employers to compensate workers who are injured in the course of their duties. This compensation covers medical expenses and lost wages. Under the Jones Act a seaman can collect compensation from their employer for both maintenance and cure. Maintenance is an allowance on which a worker can live while he is unable to work. Cure is compensation for medical expenses and rehabilitation after a serious injury. To discuss your case with an experienced maritime or offshore injury lawyer, contact Brown & Musslewhite, today.