You may suppose that if you are injured then fired from your job, your recovery for lost wages is limited to the time you were disabled. Well that’s a common assumption. But rest assured, there may be more available within the scope of economic harms in your case.
In a negligence matter, the Jones Act is “liberally construed” and its language regarding causation is “as broad as could be framed.” Causation in Jones Act cases has a relaxed standard. Simply put, the element is met if negligence of the employer played ANY part of the injury for which damages are sought. Once the element is met, the employer “must compensate his victim for even the improbable or unexpectedly severe consequences of his wrongful act.”
Loss of wages from loss of employment is within the bounds of economic damages. In addition to compensation for pain and suffering, the Jones Act allows damages for economic harms such as loss of past and future wages and impairment of earning capacity that result from the injury. Although damages are less certain where employment is terminated, the discontinuation can still be seen as consequential from the injury. Specifically, the seaman lost his job as a consequence to suffering an injury. Thus, the seaman may be entitled to damages for future lost wages and benefits.
This rarely relied on proposition is one of the seaman-favorable gems that is excavated and used by the Jones Act attorneys at O’Bryan Baun Karamanian Law Firm in vigorously representing seamen clients across the United States. If you believe that you are being shafted by your employer or have been fired for some matter of negligence, call us at 1(800)OBRYANS for a free consultation.
* Every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case. This case does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results do not guarantee a similar outcome.
