Jones Act
Sandusky Ohio Maritime Injury Lawyers
Maritime workers and seamen are eligible to receive benefits under the terms of the Jones Act for injuries that result while working in service to a vessel in navigable waters. The Jones Act also covers injuries caused by employer or ship owner negligence that occur inland or at sea. Too often, however, employers mislead injured maritime workers about the benefits available to them or try and persuade them to file a workers' compensation claim. Since the Jones Act covers injuries caused by an employer's negligence, it allows seamen and maritime workers to recover damages beyond the cost of initial medical care and lost wages. At the law office of Murray & Murray, we inform clients of their rights under the Jones Act while taking steps to protect their job and prevent employers from intimidating them into returning to work before they are ready.
Don't accept what your employer's human resource representative or ship's captain has to say about the benefits available to you -- contact maritime injury lawyers at Murray & Murray today. We'll evaluate your case and help you take legal action to recover expenses for medical treatment, lost wages, and pain and suffering.
Benefits Under the Jones Act
Injured seamen and maritime workers are entitled to receive the following benefits under the Jones Act, regardless of whether an employer is at fault or not:
- Maintenance: A daily allowance in equal value to what it would have cost to pay for an employee's food and shelter on board a ship had they not been injured.
- Cure: Employers are required to pay for an injured maritime worker's or seaman's medical expenses until such time as they are deemed to have recovered to a maximum state of health. These costs include initial medical treatment, hospitalization, physical therapy, and prescription drug expenses.
Unseaworthiness of a Vessel
In cases where conditions on board a vessel are unnecessarily hazardous, violate safety standards, or involve improperly trained crew members, a ship can be considered unseaworthy. The notion of "unseaworthy" does not mean the ship cannot sail; rather, it is a general notion intended to refer to an employer's or ship owner's negligence in creating conditions that cause or lead to injuries of employees. If your injuries involved negligence on the part of your employer, you can recover damages for future medical treatments, lost earnings, and disability in addition to maintenance and cure.
Choosing a Doctor -- Your Company can't tell you who to See
It's not uncommon for some companies to try and control what hospital or doctor their injured employees see for medical treatment. In some instances, an employer may tell you a company nurse has to accompany you on your exam. When this happens, it's often because a company wants to minimize its financial liability and losses by controlling who you see or twisting information related to your diagnosis. However, there is nothing in the Jones Act that requires injured workers to see company appointed healthcare providers or be accompanied by a company nurse.
Fighting for and Protecting Your Rights
At Murray & Murray, we make sure you are seen and treated by doctors and health care providers of your own choosing. We remind employers of HIPAA requirements, preventing them from sending a nurse on your doctor's visit. Our attorneys are also ready to review any documents or statements your company asks you to sign to ensure you don't sign away your rights or endorse a statement that is inaccurate concerning the cause and nature of your injuries.
Contact Maritime injury Attorneys at Murray & Murray
Our Jones Act attorneys understand the complicated nature of maritime law. We're prepared with medical experts and investigators to challenge the claims of your employer when they aren't willing to honor their responsibilities. To schedule an appointment to discuss your case, contact Murray & Murray today.
