Maritime and Jones Act- If You've Been Injured - the Five Things You Must Know to Protect Your RightThe three Maritime Laws that protect employees are "The Jones Act," the "Death on the High Seas Act," and the "Longshoreman and Harbor Worker's Compensation Act. The Maritime Jones Act was created to protect sailors, seamen (or women) or employees of an American ship or other vessel - such as an oil rig - who are injured at sea or while performing their duties. The "Death on the High Seas Act" provides recourse for people who lost a family member on the seas, and the law includes anyone who was killed in a plane crash in open waters. The Longshoreman and Harbor Workers Compensation Act is similar to the Maritime and Jones Act, but it also includes workers who are "land based" support personnel who are injured on the job. Under the Jones Act, you have the right to be treated fairly, receive independent medical care and advice, be given enough time to fully recover from your injuries before going back to work, and receive appropriate payments during the time you're recovering to help you pay your bills. If you have been injured and you believe that you fall under the protection of the Maritime Jones Act, the first thing you should do is to seek the advice of an experienced "Maritime Attorney." Get his or her advice before signing anything, making a statement or talking to your employer's insurance company representatives. Most employers are honest and trustworthy, and their main concern is to see that you are all right, however, there are a few things that you should be aware of, to protect yourself until you find an experienced maritime act attorney: 1. Reporting the Injury: As soon as you've been injured, you need to report it to your supervisors. Do NOT give a recorded statement until you've talked to your Maritime Act attorney, and he or she is present. If your employer, his attorney or insurance representative asks you to give a recorded statement, simply tell them you'll be happy to do so, once your attorney is present. Anything you say now could hurt you later on - especially if the person asking you questions is doing it in such a way that will protect your employer, not you. 2. Signing anything to get medical benefits or maintenance payments: Other than signing a release at the hospital or doctor's office - that says you agree to allow them to take the steps they deem necessary to provide you with proper medical care, you are NOT required to sign any statements prepared by your employer or his representatives. Before signing anything else, talk to your own maritime act attorney to make sure that under all the "legal-eese" you're not signing away any of your rights under the Jones Act. 3. Getting medical care: You are NOT required to only see or be under the care of "company" doctors. You have the right - and always should - pick doctors that you are comfortable with, who are competent to treat your injuries and that you're comfortable with. Sadly, many "company affiliated" medical providers are under pressure to force you into going back to work before you're ready, and there have been cases where necessary tests are not done (to avoid revealing the true extent of injuries), or where the providers' statements and observations are written in such a way to support the employer's case, not you and your injuries. 4. Receiving Medical Benefits and Maintenance Payments: Called "maintenance and cure" you are entitled to receive medical care and appropriate support payments to help you cover your living expenses until you are fully recovered for your injuries. The only exception to this is if you were injured while you were "off the job" or if you intentionally injured yourself. However, if you are told by your employer or his or her advisors that they are refusing to provide you with the benefits you're entitled to because they have determined that you are at fault, or that your employer is not at fault, you are strongly advised to talk to an experienced "maritime act attorney" and get legal advice as soon as possible. 5. Receiving further damages for pain and suffering: Under the law, you are entitled to receive medical benefits and maintenance support as previously mentioned. However, depending on the extent of your injuries and if it is proven that your employer was negligent or the vessel you were working was unseaworthy, then you may be entitled to receive further medical care beyond maximum medical "improvement", a settlement to recover your lost wages - and even against future wages - and "pain and suffering and mental anguish" damages. Again, this is why you need to consult with an experienced "maritime act attorney" who can give you competent legal advice about your rights. In conclusion: If you are a sailor, a seaman or an employee who is injured on the job, you have the right to receive medical care, maintenance payments to help you pay your bills, and time to recover from your injuries. Don't let anyone try to tell you otherwise. Never sign any legal documents given to you by a representative of your employer until you've had your own attorney go over them first. It's in your best interests to find an attorney who is experienced with maritime law and who you feel is competent and will have your best interests at heart. Most attorneys will give you a free consultation with no strings attached, so use that first interview to ask questions about his or her background, experience and working procedures. Make sure that you receive all the help and protection that you're allowed under the Maritime and Jones Act laws. |
