When an injury occurs on the seas, help can oftentimes be days away. Due to the high-risk nature of the maritime profession, many things can prove problematic, such as large equipment, difficult sea conditions, and immense loads.
Fortunately, seaman have a law they can usually count on if they happen to suffer a maritime injury, called the Jones Act. A Houston Jones Act lawyer can provide essential guidance to navigate the complexities of this law and ensure that injured workers receive the compensation they deserve.
HOW KOLODNY LAW FIRM CAN YOU HELP WITH A JONES ACT CLAIM IN HOUSTON
At Kolodny Law Firm, we understand the complexities of filing a Jones Act claim. Here’s how our lawyers experienced in maritime law can assist you:
- Legal Advice: In-depth knowledge of the Jones Act and maritime law to provide tailored advice.
- Case Evaluation: Thorough assessment of your case to determine its viability and potential compensation.
- Navigating the Claims Process: Step-by-step guidance on reporting your injury, filling out forms, and submitting documentation.
- Establishing Negligence: Diligent evidence gathering to prove negligence by your employer or other responsible parties.
- Maximizing Compensation: Striving to secure the maximum compensation for medical expenses, lost wages, pain and suffering, and more.
- Representation in Negotiations and Court: Advocacy for your rights during settlement negotiations or court proceedings.
- Personalized Support: Strong client relationships with open communication to address your questions and concerns.
Let Kolodny Law Firm be your trusted ally. Contact us today for a free consultation to discuss your Jones Act claim and explore your legal options.
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WHAT IS THE JONES ACT?
Originally conceived as the Merchant Marine Act of 1920, the Jones Act is a set of protections under maritime law that provides relief for offshore workers who suffer injury or illness due to negligence or unseaworthiness while aboard a maritime vessel in navigable waters.
Jones Act claims are typically settled in a larger fashion than a workers’ compensation claim, mostly because of the widened scope of coverage that the Jones Act entails:
- Mental Anguish
- Lost Wages
- Cost of Living During Recovery
- Physical Pain and Suffering
- Medical Care
- Compromised Future Earnings
In contrast, a workers’ compensation case usually only covers medical care, and as such, a Jones Act settlement can be quite a bit larger. Such a case hinges on proving negligence, and that is why the experienced Houston Jones Act lawyers at Kolodny Law Firm are positioned to offer the best guidance on how to seek fair compensation for maritime personal injuries.
JONES ACT RIGHTS
Generally speaking, the act gives maritime workers the ability to file a suit in the instance they are injured or contract an illness while on a maritime vessel due to negligence on the part of someone other than themselves.
Owners, vessel operators, other employees and equipment are all accountable entities that can be protected against when filing suit under the Jones Act. These rights include:
- Punitive damages for employers who refuse payment
- Additional compensation for unseaworthiness
- Right to suit for negligence
- Reasonably safe workplace
- Maintenance and cure related to the injury and/or illness
WHAT COMPENSATION CAN I RECOVER IN A JONES ACT CLAIM?
In a Jones Act claim, injured maritime workers can seek compensation for various damages, including:
- Lost Wages: Compensation for income lost due to the injury, covering both past and future earnings.
- Medical Expenses: Coverage for all medical treatment related to the injury, including hospital bills, surgeries, and rehabilitation.
- Physical Pain and Suffering: Compensation for the physical discomfort and pain experienced as a result of the injury.
- Mental Anguish: Damages for emotional distress and psychological impact caused by the injury.
- Cost of Living During Recovery: Coverage for necessary living expenses incurred while recovering from the injury.
- Compromised Future Earnings: Compensation for the loss of earning capacity if the injury affects the worker’s ability to earn in the future.
WHO CAN RECOVER COMPENSATION UNDER THE JONES ACT?
Under the Jones Act, compensation is available to:
- Seamen: Those who work on a vessel operating in navigable waters, including crew members, deckhands, and engineers.
- Maritime Workers: Individuals engaged in maritime activities who contribute to the operation and safety of a vessel.
- Contract Workers: Certain contract employees working aboard a vessel may also qualify as seamen if they meet the necessary criteria.
To successfully recover compensation, these individuals must prove that their injuries resulted from the negligence of the vessel owner, operator, or crew, or due to unseaworthy conditions on the vessel. Consulting with an experienced Houston Jones Act lawyer can help you navigate your rights and pursue the compensation you deserve.
For a free legal consultation, call (713) 532-4474 or fill out the contact form below
THE PROCESS
To participate in the Jones Act process, you should have a representative. An experienced Jones Act lawyer Houston is a far better option than one without, and that’s what helps put the maritime lawyers at the Kolodny Law Firm in the perfect position to help guide you through the process:
- Report the injury
- Fill out accident report
- Get medical treatment
- Hire representation
- Settle the case or go to trial
Being unprepared with incorrect knowledge can be costly when trying to procure a just and fair settlement for negligence. One of the most common mistakes made in the Jones Act claims process is not knowing that employers are generally NOT allowed to withhold medical care. Oftentimes, employers will require the injured employee to fill out accident reports AND sign waivers in an unethical attempt to skirt accountability. It is important to know that you are well within your rights to refuse to sign waivers before seeing a doctor.
Another pitfall during the process is when the injured is filling out the accident report and they are asked whose fault it is. Here, the employer is often looking for any semblance of admission that can later be used to mitigate responsibility.
JONES ACT LAWSUIT LENGTH
Unfortunately, there is no simple answer that applies to all cases insofar as to how long they last. Many variables factor into how long a Jones Act case can last, one of which is the investigation phase. Determining, and being able to prove, who was at fault, what negligence occurred and with what, and how exactly it affected your health in the immediate and long term can all factor into the investigation phase.
Another major point is the opposing side’s willingness to play ball. An experienced and effective Jones Act injury attorney can build a case strong enough that the opposing side will likely settle before trial, however, that is not always the case. Many times, a case can drag out for various reasons, but that is not always bad news.
Another factor to consider is Maximum Medical Improvement (MMI). When a serious injury occurs, it may take some time to determine MMI. MMI is basically the extent to which you have healed from the injury as much as possible. Whatever the injury is, there will be a point where the doctor and rehab specialists will declare that your body has recovered as much as it can on its own. That will be your MMI point, and can be used in determining fair compensation.
This is why settling too quickly is oftentimes advised against. While it is understandable that a victim will want to move on as quickly as possible, an experienced maritime attorney, such as the ones you can find at Kolodny Law Firm, will understand that patience can pay off in the end.
UNSEAWORTHINESS UNDER THE JONES ACT
Unseaworthiness is another facet of a Jones Act claim that an experienced Jones Act attorney will be able to give adequate attention to. It is the responsibility of a vessel owner to maintain seaworthiness, and there are many factors that can prove the opposite:
- Inadequate crew
- Lack of proper hoists
- Improperly stored cargo
- Incompetent crew
- Insufficient railguards
- Lack of food
- Unsafe living conditions
CONTACT AN EXPERIENCED HOUSTON JONES ACT ATTORNEY FOR A FREE CONSULTATION
If you’ve been injured while working on the seas, navigating the complexities of the Jones Act can be overwhelming. The experienced Jones Act lawyers at Kolodny Law Firm are dedicated to protecting your rights and helping you secure the compensation you deserve for your injuries. Don’t face this challenging process alone—contact us today for a free consultation to discuss your case and explore your legal options.
Call (713) 532-4474 or complete a Free Case Evaluation form