All You Need to Know About the Jones Act and Workers Compensation Rights
The Jones Act is a complex legal framework that covers compensation for accidents at the sea due to negligence, intentional carelessness, or by the employer’s fault. Any off-shore injuries, on-shore injuries, or injuries while navigating the maritime are covered under the Act. The Jones Act implies a duty on the employer to provide a safe work environment for the seaman. If an injury happens due to the fault or negligence of the employer, the aggrieved employee is entitled to make a compensation claim for their injuries at work. This may include medical, psychological, and financial compensation. In this article, you will learn what is Jones Act, who is covered under the Jones Act, the working mechanism of the Jones Act workers compensation, and jones act and workers compensation claims. You will also gain general information on jones act workers compensation coverage scenarios and how jones act workers comp can be claimed.
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What is the Jones Act?
The Jones as also known as the merchant Marine act of 1920, is a federal law that regulates the maritime trade, and it also covers compensation claims for maritime injuries that may happen to employees while they are at work. Jones Act was named after senator Weasley Jones, and the purpose of this act was the promotion of the maritime industry. The Jones act is also a type of labor law in the US that protects seamen from workplace discrimination and allows them to raise compensation claims if they get injured at the sea at their employer’s fault.
The Difference Between Jones Act Claim and Worker’s Compensation
The primary difference between the Jones Act and the Workers’ Compensation Law is the scope of coverage. The Jones Act specifically applies to employees who work at sea in navigable waters. However, workers’ compensation laws apply to employees of all kinds. It has a broad range of coverage for the different types of employees in various industries such as construction, transportation, healthcare, heavy industries, etc. The Jones act is a federal legislation, workers compensation laws are insurance damages provided at the state level. From state to state in the US.
Who is Covered Under the Jones Act?
Type of maritime workers are covered under the Jones Act;
- Merchants
- The workers in harbors and ports
- Crew members of a vessel
- Captains and navigation officers of The vessel
- Cooks
- Engineers
- Off-shore workers
- Workers on the river
- Employees working at the cargo ships
- Employees of the commercial vessels
Compensation Under the Jones Act
The Jones Act provides compensation to the seamen who have suffered some injury or have become ill while working in the navigable. The Act provides the following types of compensation to maritime workers:
- Lost wages
- Medical expenditure for the treatment and care of the injury or sickness
- Maintenance and cure by providing a living allowance
- Compensation for pain and suffering, physical, mental, or psychological
The Jones Act Claim Process
To file a compensation claim under the Jones Act, you have to follow the following steps;
- Reporting of the injury or illness: The first step is to report the nature of your injury or illness to the relevant authorities, usually your employer, as soon as possible. A delay in reporting can create legal challenges for you later while pursuing your claim.
- Getting medical treatment: The next step is to consult an expert medical practitioner and get the necessary medical treatment for your injury your illness. Take the time to recover.
- Preparation of paperwork: Gather all the necessary documents and evidence for your claim as supporting documents. Also include an investigation of your injury.
- Consult an attorney: Like most injury cases, maritime accident injury compensation claims also need a thorough consultation with the relevant attorney before you file the claim.
- Negotiations for settlement: Your injury attorney will also negotiate a settlement with your employer and the insurance company to reach a fair compensation settlement.
- Filing of claim: If the negotiations fail, you have the option to file the claim to win compensation through the relevant Court under the Jones act.
Jones Act Insurance
The Jones Act makes insurance coverage of employees mandatory. If the seaman employee gets injured or sick, this insurance policy covers the workman’s compensation. Maritime insurance is offered by many insurance companies. It is better to consult with an insurance company that covers maritime compensation settlements.
Steps for a Successful Jones Act Claim
To win a successful Jones Act claim, you must adhere to the performance of following steps;
- Reporting injury or illness promptly
- Seeking proper medical care and attention
- Gathering all relevant documents as evidence
- Consulting an experienced Jones Act attorney
- Carrying out a proper investigation of the accident
- Offering a fair negotiated settlement with the insurance company
- Filing of the claim on time if necessary
Jones Act Settlements
Negotiations for settlements under the Jones Act are carried out between the aggrieved employee, the injury attorney, and the insurance company. The attorney represents the injured seaman and helps to negotiate fair compensation with the insurance company on their client’s behalf. The compensation that is negotiated may include damages for medical expenditures, lost wages, physical, mental, or emotional pain and agony, and any other damages relevant to the circumstances of the case.
Common Injuries for Sailors & Seamen
Common injuries for sailors and seamen include;
- Bone injuries
- Injuries of the hand, head, face, or back
- Head injuries
- Slip and fall
- Repetitive motion injuries
- Vision blurriness
- Illnesses related to exposure to hazardous substances, like asbestos or benzene
- Exposure to carpet tunnel syndrome
- Tendinitis
Conclusion
Workers’ compensation laws vary from the Jones Act, and both legislations cover different kinds of employees who suffer injuries at the workplace. The process of filing a claim under the Jones Act is extensive, and it requires the expertise of a Jones Act compensation lawyer to win the compensation deserved by the seaman employee.
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