In many peoples eyes, the Jones Act is a vastly superior compensation scheme than workers compensation. While there are some benefits to workers compensation, such as certainty of payments, little delay, and a no fault system, many individuals prefer the vastly superior damages spectrum under the Jones Act.
It is true that in order to obtain the greater benefits under the Jones Act that you generally have to wait for a lawsuit to wind its way thru court, the damages you can receive for lost past and future wages, pain & suffering, mental anguish, disfigurement and other elements, more than make up for it.
While under the Jones Act, you must prove an unsafe condition of which the employer knew or should have known, and such a showing in not necessary under workers compensation, most of the time a skilled Jones Act lawyer can ferret out the unsafe aspects of the work that caused injury.
The amounts recoverable under the Jones Act can go into the millions, which is an amount seldom , if ever seen in workers comp.
One good thing is that under the doctrine of maintenance and cure, you get your living expenses until you been declared by a doctor to be at maximum medical improvement. This way, the wait is not so bad.
While under the Jones Act, you must prove an unsafe condition of which the employer knew or should have known, and such a showing in not necessary under workers compensation, most of the time a skilled Jones Act lawyer lawyer can ferret out the unsafe aspects of the work that caused the injury.
The amounts recoverable under the Jones Act can go into the millions, which is an amount seldom – if ever – seen in workers comp.
One good thing is that under the doctrine of maintenance and cure, you get your living expenses until you been declared by a doctor to be at maximum medical improvement. This way, the wait is not so bad.
