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If I am injured offshore, can I bring claims for negligence against the parties who are at fault?

 

A: Probably, as long as you are a Jones Act seaman or there is "third-party" negligence. Injured Jones Act seamen are entitled to maintenance and cure regardless of fault. in addition to no-fault maintenance and cure, injured Jones Act seamen can bring negligence claims and unseaworthiness claims against their employer if the employer's fault caused the injuries, if the vessel or rig was "unseaworthy," or if the employer otherwise caused or even contributed to the injuries. If you can prove negligence or unseaworthiness, you may be entitled to future medical care beyond maximum medical improvement, lost wages both past and future, and pain and suffering and mental anguish damages. But in these situations, you must prove fault, unlike maintenance and cure, which is no-fault. Some Jones Act or maritime employers may tell you that maintenance and cure is all you get. Don't listen to this nonsense. If there is negligence or fault, the law says you have a right to bring a negligence or unseaworthiness cause of action under the Jones Act, if you are a seaman.