Practice Areas
Blog 
Jones Act
- Electrical Injuries and the Jones Act
- Adequacy of Union Daily Maintenance Rate Questioned as set by Union Bargaining Agreement
- Jones Act Employer Negligent for Lack of Medical Treatment
- Differences Between Jones Act & Workers’ Comp
- Seaman Status and the Jones Act
Tugboat and Barge Workers’ Injuries
- Actions Your Employer May Take After an Accident on a Barge or Tugboat
- Tugboat at Fault in Tanker Collision
Ship, Tanker & Freighter Crews Injuries
General
- Working on a Vessel can Cause Serious Back Injuries
- Cruise Ship not at Fault in Medical Malpractice Case
- Have You Been Exposed to Lead While Working on a Tug, Barge, Ship or Other Vessel?
- Mesothelioma, Asbestosis & Other Asbestos Related Illnesses
- Legal Protection for Longshoremen & Harbor Workers
Legal News
- Barge Hits Amesbury Bridge...
- Jones Act Carrier Horizon Lines to Reduce Workforce...
- Worker Dies on Barge in New Haven Harbor...
- Louisiana Seaman Files Jones Act Lawsuit...
- Four Crew Members of Fishing Boat Found Alive...
- Barge Collides into Train Trestle in Alabama...
- U.S. Coast Guard Continues to Investigate July’s Oil Spill on the Mississippi River...
- Former U.S. Shipping Execs Plead Guilty in Jones Act Antitrust Case...
- The Ohio Department of Transportation Wins $5 Million in 2005 Barge-Wreck Case...
- Kirby Corporation Announced No Injuries from Hurricane Ike...
Library
Jones Act
- Who is a Seaman?
- Jones Act Injuries
- Workers’ Compensation or Jones Act?
- Back Injuries and the Jones Act
- Injuries Caused by Electric Shock from Unsafe Equipment on a Vessel
Offshore Rig and Platform Worker Injuries
Tugboat and Barge Workers’ Injuries
Ship, Tanker & Freighter Crews Injuries
General
Workers’ Compensation or Jones Act?
One of the most common questions that will arise when a seaman is injured is whether a Jones Act or Workers’ Comp claim should be filed. There are some similarities between the two claims, but the coverage provided by a successful Jones Act lawsuit can far exceed Workers’ Compensation benefits. Often the amount received from a Jones Act settlement can be life changing for the injured worker. If a seaman files for Workers’ Comp, it may not be possible to later pursue a Jones Act lawsuit. The reason is that if a seaman applies for Workers’ Compensation, he or she may lose eligibility to file a Jones Act claim. It is crucial to consult with a knowledgeable Jones Act attorney before taking any action after a maritime injury.
Workers’ Compensation
Workers’ Compensation claims generally provide money for medical care, disability and lost wages. Traditional Workers’ Compensation laws are meant to help employees who have been hurt on the job and the benefits are paid through the employer’s insurance company. These benefits are only available until the injured seaman is able to return to work. Therefore, Workers’ Compensation benefits are only temporary and do not provide a long term solution for an injured maritime worker.
Jones Act Litigation
An injured maritime worker is entitled to maintenance and cure under the Jones Act, no matter who was at fault. Maintenance is defined as the amount of money an employer must pay an injured maritime worker during the recovery time. The amount is generally anywhere from $15 to $30 per day and is supposed to be equivalent to the amount of money it would cost to live on land in the same manner the worker lived on the vessel. Cure refers to a seaman’s right to medical care, which the employer is obligated to pay. Reasonable medical care must be provided until the seaman reaches maximum medical cure, meaning the worker cannot improve any further.
If negligence caused the seaman’s injuries, additional compensation may be recovered. Negligence of the vessel owner, operator, employer, co-workers or other third party, can entitle the injured worker to a substantial settlement. Injuries caused by defective equipment or an unseaworthy vessel are also eligible for compensation under the Jones Act.
The Jones Act allows injured workers to recover monetary damages for pain and suffering, lost wages, medical expenses, disfigurement and mental anguish. To receive restitution under the Jones Act, the injured worker must be considered a seaman. A seaman can be a crew member of a vessel or person who was assigned to a vessel or fleet of vessels. An offshore worker may also fall into this category. A Jones Act lawyer will be able to determine seaman status and the cause of the injuries.
Contact the Willis Law Firm if you have been injured on a vessel. We are experienced maritime attorneys who can help you receive compensation for your Jones Act injuries.
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Willis Law Firm
1221 McKinney Street
Suite 3333
Houston, TX 77010
Toll Free: 1-800-MARITIME