The Jones Act Deadline & the Discovery Rule

There are various laws that protect the rights of workers injured at sea, including the Jones Act. Under the Jones Act, a seaman can bring a legal claim for damages against the ship owner, captain, and crewmembers for negligence or unseaworthiness. They can also recover compensation known as maintenance and cure.

Under the Jones Act, a seaman can obtain benefits for maintenance and cure, unearned wages, lost wages, past and future, and damages, such as pain and suffering, disfigurement, impairment and loss of enjoyment of life. A Jones Act settlement can be substantial.

There is a statute of limitations, a.k.a. deadline, as to when an offshore worker can file a Jones Act claim. The law states that maritime personal injury and death actions have to be brought “within 3 years after the cause of action arose.” A cause of action typically occurs on the date of the injury. According to the “discovery rule,” however, the statute of limitations doesn’t start until the “plaintiff has had a reasonable opportunity to discover the injury, its cause, and the link between the two.”

It is imperative to talk with a maritime attorney following an offshore accident. The maritime law is complex and you don’t want to miss the deadline to file your maritime injury claim. An experienced maritime lawyer will be able to review your case and determine your best options.

For answers to your questions regarding your Jones Act claim or rights as an injured offshore worker, contact the Law Offices of Vujasinovic & Beckcom, P.L.L.C. at 713.224.7800 or 877.724.7800. We know that you are probably concerned about losing your job or being blackballed in the industry if you pursue compensation for your injuries. Our maritime attorneys will take the time to listen to your concerns and go over your options.

Be sure to order Maritime Injury Lawyer Brian Beckcom’s book, Insider's Guide to Winning Your Maritime Injury Case.