
Successful Jones Act claims can be profitable for injured workers. The awarded compensation or settlement can cover medical expenses, lost wages, mental anguish and more. For those who have won a Jones Act lawsuit, they know the amount of stress that can be lifted once they receive the money that they so deserve.
The key factor in a Jones Act case is proving seaman status. A seaman can be a worker on a tanker, semi-submersible, freighter, jack-up rig, towboat, tug, supply boat, barge, lay barge and fishing vessel. The Longshore and Harbor Workers’ Compensation Act limits the term seaman under the Jones Act to be “a master or member of a crew of any vessel.” Therefore, a captain or officer is included in this category and can be entitled to Jones Act protection. Members of the crew who work on movable or jack-up drilling rigs are also considered to be seaman.
There have been many Jones Act lawsuits recently and the maritime attorneys involved in the cases have had to show that the person injured was a seaman at the time of the accident. That means the vessel had to be in navigation, the duties performed by the worker contributed to the vessel’s function and there was some type of connection between the worker and the vessel. When proving seaman status, the total circumstances of the maritime worker’s employment are generally considered.
If you were injured while working on a vessel, a maritime attorney can review your case to help you determine if you in fact were a seaman. When you are injured on a barge, tug or other such vessel, you can seek damages against your employer, vessel owner or operator.
For more information regarding seaman status, reference the article, “Who is a Seaman?”
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