The Jones Act is a mariner's best friend when you're hurt out on the water. Its laws let you breathe easier and take a step back when the company tries to force you to see their doctor. Under the Jones Act, you are allowed make your own choice of medical providers. Not only that, travel to and from the medical facility and lodging (if out of town) are covered.
You also have the last word in determining medical tests. For example, some company doctors will try to talk you out of getting an MRI in order to save the employer the money and convince you to rest the injury instead. You don't have to take that advice "lying down," but can insist on having the test. After all, it's the rest of your life that's truly important, not the money the company will save from using their own doctor or their own testing decisions.
Whether you work on a vessel or in the offshore oil field, the Jones Act gives you legal rights that may very well entitle you to compensation when you suffer an injury or illness on the job. The Jones Act is there for your protection and brings accountability to the owner or the company for negligence. Whether it was the negligent actions of co-workers, officers or the particular employee that led to the accident, you may receive compensation. You have the right to sue for substantial recovery of lost present and future wages, medical expenses, pain and suffering and disfigurement. The Jones Act differs from normal worker's compensation cases because it doesn't limit the victim to so called no fault terms.
Don't count on the insurance company to tell you any of this when they contact you after the accident. They are more likely to try and coerce you into quickly signing a lowball settlement offer for far less than you will get in court or for the amount they may settle for later on.
A mariner is entitled to have all reasonable and related medical expenses covered, including, but not limited to: surgeries, doctor's visits (to the MD of your choice), x-rays, therapy and transportation to the facilities. The employer is responsible for paying the airfare from the vessel to the place of hire. A daily maintenance rate for room and board equivalent to the value received while on the vessel must be paid until recovery from the illness or injury. Unearned wages through the remainder of the work tour are paid. For example, on international commercial voyages that means until the current "articles" are broken and for fishermen it means until the end of the season. Finally, a seaman has the right to file a lawsuit if someone is at fault for the injury or the vessel was unseaworthy. The mariner may recover for pain and suffering, loss of future earnings and the cost of training for a new career.
Injured? - We Can Help
If you have been injured in a maritime accident, we recommend that you do your research. All too often, the company will try to trick you into signing away your legal rights, ask you to give a recorded statement that will hurt your case, force you to see company doctors, or steer you in the wrong direction. Below is a list of resources we provide to injured maritime employees for FREE. Free Book Written By Board Certified Injury Attorney Brian Beckcom
