When you decide to work in the maritime industry, you need to understand that it is a dangerous field. Whether you are working as a deckhand on a ferry, commercial fisherman, merchant seaman, or even working longshore on a shipping yard, your daily work will expose you to risks that could turn out catastrophic.

Most maritime work relies on your physical ability, so an injury suffered at your place of work could lead to loss of livelihood. Therefore, it is crucial to understand how maritime law works regarding your compensation rights after sustaining injuries. It is essential to engage the services of an experienced workers' compensation lawyer in Los Angeles who will break down the complex maritime and naval law.

At The Workers Compensation Lawyer Law Firm, our qualified workers’ compensation lawyers will assist you to obtain compensation for your injuries, damages, lost wages, and other losses you may incur.

Understanding Maritime Law

The law categorizes Maritime law into two groups, namely, common law and federal statutes. Federal statutes include the LHWCA (Longshore and Harbor Workers’ Compensation Act) and the Jones Act. You will realize that your workers’ compensation is different when you work on the sea, and it will be subject to federal law under the Jones Act.

Definition of The Jones Act

Under federal law, the Jones Act provides a legal framework for merchant marines and regulates maritime commerce in the United States. The Jones Act is also referred to as the Merchant Marine Act of 1920. Its main objective is to protect mariners who do not qualify for workers’ compensation under maritime law even though they are injured at sea.

This federal law requires goods or people to be shipped between different U.S ports on ships built, operated, flagged, and owned by United States permanent residents or citizens.

Under this federal law, the Jones Act offers sailors and their surviving family members the ability to sue their employers or to seek compensation from their crew, shipowner, or the captain in the event of a work-related injury or the death of their loved ones. The Jones Act ensures that, as a maritime worker, you receive compensation in the form of financial assistance after suffering from a workplace injury or accident.

Under the Jones Act, you can sue your employer for damages that you obtain due to any work-related injuries. This law applies to marine workers injured on barges, tankers, offshore oil rigs, trawlers, ferries, water taxis, shrimp boats, ships, and other vessels found in canals, rivers, or oceans. The act also applies to underwater personnel as well as commercial divers.

What Does The Act Cover?

In the event of a workplace accident, the act may cover the following:

  • Workers’ compensation for maritime workers, whether the accident occurred at the boat or off when the accident took place.
  • Offer the worker the right of trial by a jury.
  • Offer you the right to file for compensation or a lawsuit against the captain, crew, shipowner, or your employer if you believe their actions caused the accident.

You should note that if you are a former or current marine worker and obtained your injury at your workplace, you are eligible for financial coverage under the Jones Act. Also, you can file a lawsuit and be eligible for monetary compensation if your loved one was a marine worker who died as a result of an injury obtained at their workplace.

Eligibility Criteria For the Jones Act

For you to qualify for the Jones Act, you must be a seaman, which means that you:

  • Were aboard a vessel in navigation when the accident took place. A ship in navigation means that the boat could float or move away, afloat, operational without the assistance of another boat or ship.
  • On waters that a ship can navigate, which includes ocean, sea, river, or an inland lake which is connected to other navigable waters or shared by several states,
  • Are connected to or working with a vessel.
  • Are a private mariner dealing with cabotage (transporting passengers or goods between two ports in the same country).
  • Were performing duties necessary to the vessel's operation or were on board the ship assisting on its mission.

Under the Jones Act, you qualify as a seaman if you spend 30% of your time navigating the vessel. It means that you could spend 70% of your time on land and still make a claim under the Jones Act. Under the Jones Act, you do not have to sleep or eat aboard the vessel to qualify as a seaman. You can file for a claim under the Jones Act as long as you were in a ship that was in navigation. It doesn't matter whether you are a carpenter, deckhand, mechanic, steward, fishers, cook, pilot, sailor, diver, or captain.

Benefits of the Jones Act for Marine Workers

As a marine worker, whether working offshore or maritime, you will need to prove that you obtained injury through the negligent actions of your employer, captain, crew, or shipowner. One advantage of the Jones Act is that it offers larger cash settlements compared to other personal injury claims. Other benefits include but are not limited to:

  • Medical bills.
  • Lost wages.
  • Occupational therapy.
  • Disability.
  • Reduced earning capability.
  • Pain suffering.
  • Rehabilitation expenses.

Filing a Claim under the Jones Act

To file a claim against your employer, crew, or captain, you will need to prove that they were negligent and that this negligence caused your injury or the death of your loved one. You can also claim if the vessel you were in navigation is unseaworthy.

Understanding Negligence under Merchant Marine Law

One advantage of the Merchant Marine law of 1920, popularly known as the Jones Act, is that you have a lower burden of proving that your injury was due to negligence on the part of your employer, crew, captain, or even the shipowner. As a result, a lower chance of proving that your injury is due to the owners’ negligence comes into play when filing a personal injury claim. All you have to prove is that negligence on the part of your employer led to your injury, however slight it is.

The Jones Act mandates your employer, captain, or shipowner to provide a seaworthy vessel or a safe working environment. Therefore, your employer should apply ordinary care to ensure that the ship in navigation is safe to work on, and failure to do so will make them face negligence charges. The following are circumstances that could lead your employer, captain, or shipowner to face negligence charges; they include but are not limited to:

  • Lack of adequately maintaining the vessel's equipment.
  • Failure to maintain a safe working environment for the ship, boat, or general working area,
  • Violation of Coast Guard rules and regulations,
  • Application of unsafe work practices and ethics,
  • Failure to provide the correct working tools and equipment,
  • Failure to provide the crew with proper training,
  • Failure to enforce safety rules and regulations,
  • Violation of safety rules.

The Procedure For Filing a Jones Act Claim

Under the Jones Act, there are several steps that you need to follow when making a legal claim against your employer. First, you should note that the process of filing for a Jones Act claim is time-sensitive, and this, therefore, calls for you to follow them methodically and in order. They include:

Reporting the injury

If you are working aboard a vessel and are hurt, you must report the injury immediately to your supervisor, captain, employer, or the senior-most employee aboard the ship. Sometimes, you may receive an injury in the course of duty and not realize it immediately. You should then report this injury to your supervisor or the senior-most employee aboard the vessel as soon as you realize you have obtained an injury.

You do not have to worry if, for some reason, you are unable to report immediately. You can still make a Jones Act claim as federal law allows you up to seven days to report an injury. However, it’s advisable to do so within the shortest time possible, as the delay may end up reducing your chance of obtaining a positive result. In addition, you should avoid staying on duty once you have an injury before reporting it to the relevant personnel. If you take too long to report the injury, your employer and insurance company may assume that your damage isn't severe and doesn't qualify for a personal injury claim.

After reporting the injury to the relevant authorities, ensure that your captain

makes an entry in the vessel's log. You should also note that the federal regulations require your supervisor or Captain to file a Marine Accident or death report.

Seek Medical Assistance

It is essential to seek medical assistance from the ship's medical personnel if you are aboard a vessel in navigation when you are injured. It's necessary to seek medical help as soon as possible. You do not necessarily have to use the services of the one provided by your employer or recommended by the insurance provider. You can contact your doctor or any emergency care provider for medical assistance.

You should document all your injuries and attach all medical documents as proof when making a claim. You should realize that a minor injury can be fatal over some time, and you should not ignore it. You should report any damage even when it is not life-threatening.

You may seek medical assistance from a different doctor and attach their findings to your claim.

If you receive any treatment aboard the vessel, ensure you have proof of it and, if possible, request the ship's medical personnel to run any diagnostic test required. Allow your captain to have you evacuated if it's possible.

File An Accident Report

Most companies expect you to file an accident report as soon as possible. It's essential to do so once your injuries allow, but ensure that your mind is off the effects of the medicine. When filling out the accident report, it's crucial to include all the details you can remember.

Most company's accident reports have a section where you are required to fill out who is at fault. It's essential to be keen while filling out details of who's at fault for the accident. You will note that if you write that the company was at fault, your injury turns out to be minor, that doesn't require you to file a Jones Act claim, and the company may fail to rehire you again. Also, if you write in your report that the company wasn't at fault and then end up with an injury that requires you to file a Jones Act lawsuit, it may hinder your chances.

If you are not sure who is at fault, kindly engage the services of a workers’ compensation lawyer who understands maritime law. You will note that sometimes you may end up taking the blame for the accident, while the fault was due to your employers' negligence.

Ensure that your captain sends the accident report to the human resource department (HR). It's the responsibility of the HR department to forward this accident report to the Workers' Compensation office, who then forwards your case to your vessel's insurance providers.

Seek Legal Advice

After an injury, be very careful about signing any documents that your employer may request. Your employer may ask you to write a report giving details about your accident before they can consider your claim. You should note that you are not required to write a report to qualify for any compensation under the Jones Act.

It's essential to engage the services of a workers’ compensation attorney who has experience handling Jones Acts cases. Contact your attorney before signing any documents or writing any reports. If your company or insurer requests something uncomfortable, kindly liaise with your attorney first.

The company's insurance provider may try to make you give them a statement once they receive your accident and any other report from the Workers Compensation office. Please don’t give them any, whether they require a written or recorded statement. You should note that the insurer will do anything to reduce your claim, and anything you give them may assist them in attaining their goal.

Having a workers’ compensation attorney check on any report before submitting it to your employer or their insurance company is of great importance. These reports include copies of medical information, bills related to your injury, and the accident report. Be honest with your attorney, and give them all the facts regarding your case. For instance, if you are filing a Jones Act claim since your company's insurer failed to pay maintenance and cure expenses. If you withhold any information from your attorney, you may end up hurting your claim. All these facts could play a significant role when it comes to your compensation settlement.

Decide on Settlement or File a Lawsuit

Though your company's insurer will be after you to settle quickly, please do not do it until your treatment is complete or until you have full recovery status. Suppose you agree before completely recovering; who will cover your medical bills? If you decide to settle, wait until you have resumed work to ensure that you have attained full recovery. Since most marine work is physical, waiting to settle until you report back to work will prove if you have recovered fully or not.

When you decide to file a lawsuit, you will need to hire a workers’ compensation lawyer to represent you in the case. A Jones Act case usually takes about 16 months to reach trial, and you should therefore exercise patience. Let your lawyer handle most of it but keep you updated.

Your Role After Filing a Jones Act Claim

After filing your claim, it's essential to prepare for the next stage. Your injury attorney will keep you updated on the progress of your case. Some of the things that you should do as you wait to include:

Taking care of insurance representatives

One of the things to do after filing the claim is to take care of insurance representatives who will try to make you give them recorded statements or have you settle quickly. Your primary role is to fend them off and notify your attorney once they contact you. It's important to know that all the insurers want is to offer you a settlement way below what your claim deserves.

Continue With Your Medication

It's crucial to continue with your medication, see your doctor and ensure you follow the treatment plan. Your health is essential and should be given top priority, keep all the scheduled doctor's appointments. Remember to keep all the records and bills safe, for they will be critical when settling your compensation.

Keep Proper and Accurate Record of Your Documents

You must submit the proper documentation and keep the correct documentation of all the forms signed. Keep all the records safe, and these records may include your medical reports, accident report, bills, your employers' correspondence, a list of your witnesses, and pictures of the accident, among others.

Statute of Limitations

When filing a claim under the Jones Act, there is a statute of limitation - the time set to seek legal actions. The statute of limitation for the Jones Act is covered under the United States Code 46  § 30106.

The statute of limitations requires you to file a civil action lawsuit within three years from when the injury occurred, or death occurred due to a maritime accident. Once this period expires, you can not file a claim, and if you do so, the court will dismiss it.

Exceptions To Statute of Limitations

The exception to the statute of limitation occurs when you are injured in the course of your duty but don't realize it immediately.  The law requires you to file a Jones Act claim when you know you are suffering from an injury sustained at your workplace. You will need to consult a workers’ compensation lawyer who will assist you in making your claim.

Importance of Filing Within the Stipulated Time

Legal matters take time, and it is advisable to start the process as soon as possible. Filing within the limit gives you ample time to put all the required documents in order and helps ensure you do not lose time before your claim can be approved.

Filing A Jones Act Claim After the Statute of Limitation Time Elapses

The law makes it clear that you should not file a Jones Act claim after the statute of limitation. However, if you go ahead and file, your claim could end up being rejected.

When You Can Not File a Jones Act Lawsuit

Filing a Jones Act lawsuit covers most work-related injuries, but some circumstances will hinder you from filing a lawsuit. These circumstances include:

  • Meeting the Statute of limitation deadline.
  • If you do not file a claim to the government and have it in writing.
  • You are not a seaman.
  • The accident did not take place at your workplace or is not work-related.

Contact A Los Angeles Workers' Compensation Lawyer Near Me

Your main objective while filing a Jones Act claim is for the compensation to restore you to the place you were in before suffering your injury. You want to be in a position where you can continue your day-to-day life emotionally, physically, and financially.  After suffering an injury at your workplace, filing a Jones Act lawsuit in Los Angeles can be overwhelming. However, you do not have to be overwhelmed as our attorneys at The Workers Compensation Lawyer Law Firm are willing to assist. We understand the pressure that comes with filing a lawsuit and, at the same time, seeking proper medical care.

Our extensive maritime law knowledge will help us file your lawsuit and offer invaluable advice regarding understanding the Jones Act. In addition, our team of dedicated and experienced workers’ compensation lawyers will take you through the entire process until you obtain the best possible results for your case. Kindly contact us at 424-501-9228 and schedule your appointment.