Our Maritime Injury Lawyer Explains How to Recover Compensation
If you are injured as a seaman, you may be left unable to work, facing mounting medical bills, and feeling uncertain about your future. You may have a right to recover compensation under the Jones Act for your offshore injury, but navigating the legal process alone can be difficult. At Hofmann & Schweitzer, our Jones Act lawyers can guide you through the maritime injury claim process so you can recover the compensation you're entitled to as an injured seaman.
Understanding the Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that provides specific protections and rights for seamen, including compensation for injuries sustained while working. The Jones Act aims to ensure that seamen receive fair treatment and adequate compensation if they are injured due to the negligence of their employers or co-workers.
To be eligible for compensation under the Jones Act, there are specific criteria you must meet, such as:
- Status as a seaman. You must be considered a "seaman," which generally means spending a significant amount of your working time on a vessel in navigation. This can include various types of watercraft, such as ships, boats, tugs, barges, and offshore rigs.
- Employment relationship. You must be employed by the vessel's owner or operator.
- Injury due to negligence. The injury must have resulted from the negligence of the employer, a co-worker, or an unsafe condition on the vessel.
Types of Compensation Available Under the Jones Act
Under the Jones Act, as an injured seaman, there are various types of damages you could recover. These include:
Medical Expenses
Injured seamen are entitled to compensation for all reasonable and necessary medical expenses incurred due to their injuries. This includes medical care, ongoing treatment, rehabilitation, and any future medical costs related to the injury.
Lost Wages
Compensation for lost wages includes the income lost during the recovery period and any future loss of earning capacity if the injury results in a long-term or permanent disability.
Pain and Suffering
Injured seamen can also seek damages for physical pain and mental anguish caused by the injury. This type of compensation is meant to address the non-economic impacts of the injury, such as emotional distress and loss of enjoyment of life.
Maintenance and Cure
This provision under maritime law requires employers to provide "maintenance" (a daily living allowance) and "cure" (medical care) to injured seamen until they reach maximum medical improvement. Maintenance covers essential living expenses such as food and housing.
How Our Seaman Offshore Compensation Injury Lawyer Can Help
Understanding the complexities of the Jones Act and maritime law can be difficult. The New York and New Jersey maritime injury lawyers at Hofmann & Schweitzer can help in several ways:
- Case evaluation. Our lawyers can evaluate the circumstances of your injury to determine if you are eligible for compensation under the Jones Act as a seaman. This includes assessing the nature of the employment relationship and the details of the accident.
- Gathering evidence. Proving negligence under the Jones Act requires substantial evidence. To build a strong case, your lawyer can help gather and preserve evidence, including witness statements, medical records, and expert testimony.
- Filing claims and lawsuits. Our maritime injury lawyers can handle all the legal paperwork and ensure your claim is filed within the required time frames. They can also represent you in court if a lawsuit becomes necessary.
- Negotiating settlements. Many Jones Act cases are settled out of court. A skilled lawyer can negotiate with your employer's insurance company or legal representatives to secure a fair settlement that adequately compensates you for your injury and losses.
- Fight for your rights. Your lawyer can provide legal advice and representation throughout the process to ensure that your rights are protected.
At Hofmann & Schweitzer, we have represented many seamen and helped secure favorable outcomes for their maritime injury claims. We strive to ensure that our clients are satisfied with their results.
One of our maritime injury clients, James F., was injured while working as a commercial fisherman. He was pleased with his settlement and said, “With a child on the way, I was concerned about how I would support my family. I was injured on my first trip on a commercial fishing boat and was uncertain about my rights as a seaman. Paul Hofmann explained the process clearly, and he answered all my questions. Mr. Hofmann and his staff had a genuine concern about my well being; they even sent a gift when my baby was born. I was very happy with my settlement and have invested a portion of the funds in a new business.”
