Injured at sea? You may be covered by the Jones Act which applies only to seamen, a male or female who contributes to the function of an operable vessel on navigable waters. For example, a casino boat that is permanently docked would not qualify for a Jones Act case, while a fishing boat travelling from port to port or a cruise ship, in port or asea, would. Every seaman, whether hurt by the employer’s or his/her own negligence is entitled to Maintenance and Cure, the day-to-day living expenses and medical expenses coverage provided under maritime injury law. Knowing what to do when sustaining an injury at sea is more complicated than it seems. If you are unfortunate enough to be hurt at sea, here are 5 necessary steps you should take:
- Do NOT give any statements to representatives from the defendant’s insurance agency before contacting a maritime lawyer. Saying anything to the defendant’s representatives could prove costly in your case; only a seasoned maritime lawyer will know what to say and when.
- Take advantage of Maintenance and Cure and give yourself enough time to recover from said injury. Legal proceedings can be complex, even for a professional. Take some time to get back to 100% before moving forward with any lawsuits. While you should take time to recover fully, remember to review the Jones Act statute of limitations and make sure to file within three years of the incident.
- Be sure you qualify as a seaman and that the vessel that you were injured on is protected under the Jones Act. You only receive benefits if you can verify that you were employed on Jones Act vessels.
- Keep all medical documentation and incident reports surrounding your injury. Keep detailed records and accounts of the incident reports, medical bills (even those covered by Maintenance and Cure), and any other related documents.
- Get a maritime lawyer that has experience in these types of cases. There are a lot of unique legalities about maritime law and the Jones Act, it is crucial to have a professional maritime lawyer who is going to take the best course of action in all situations.
The Jones Act was created to protect all maritime laborers, but the act alone is not enough to tilt the scales of justice true. The 5 necessary steps above must be followed to give yourself the best chance to claim all that you are entitled to.
