The Jones Act and Workers" Compensation at Sea
The Workers' Compensation program provides an alternative to the tort basis of recovery by allowing injured workers to receive medical benefits and a percentage of their wages as they recover from an injury that they sustained at work.
When workers are injured at sea, they do not have access to the traditional Workers' Compensation program.
Instead, their claim falls under maritime law and the Jones Act.
The Jones Act provides a right to recovery for individuals who are injured or become ill while working at sea.
The act was established in 1920, largely in part to protect the Merchant Marines.
It was established in an effort to protect the health of workers at sea and to provide them with certain protections.
It was also enacted to provide a benefit system for sailors and other seamen so that potential workers would not be deterred because of a lack of benefits.
A worker who is injured at sea has the right to recovery a daily stipend and necessary medical care that is needed to treat the injury or illness that he sustained or developed.
Depending on the circumstances involved with the injury or illness, a worker may also be able to recover a portion of his living expenses and transportation.
If the injury or illness was caused by the ship owner's negligence or other crew members, the worker can also sue for additional damages.
The family will have this right to sue if the worker was killed because of negligence.
Negligence may be manifested by causing offshore accidents, not properly maintaining deck floors, utilizing faulty equipment, having factors that lead to explosions or travelling in unsafe waters.
This act does not only apply to large commercial establishments.
Fishermen, shipyard workers and harbor workers all fall under the guidelines of the Jones Act.
Individuals who spend 30 percent or more of their time as a Merchant Marine can receive benefits under the act.
The Jones Act does involve a complicated system and complexities regarding benefits and when a worker is able to recover.
A maritime lawyer or Jones Act attorney will have the necessary knowledge and experience to help workers with their claim.
Look for a maritime lawyer who has a proven track record of success, either by settling for large amounts or taking the case to trial.
Although the Jones Act was created to protect workers at sea, some employers may not follow the guidelines of the system in an attempt to deprive workers of the compensation that is due to them, or so the employer can avoid liability for the accident.
Workers who are injured or become ill at sea are advised to contact an experienced maritime lawyer to assist them with their claim.
When workers are injured at sea, they do not have access to the traditional Workers' Compensation program.
Instead, their claim falls under maritime law and the Jones Act.
The Jones Act provides a right to recovery for individuals who are injured or become ill while working at sea.
The act was established in 1920, largely in part to protect the Merchant Marines.
It was established in an effort to protect the health of workers at sea and to provide them with certain protections.
It was also enacted to provide a benefit system for sailors and other seamen so that potential workers would not be deterred because of a lack of benefits.
A worker who is injured at sea has the right to recovery a daily stipend and necessary medical care that is needed to treat the injury or illness that he sustained or developed.
Depending on the circumstances involved with the injury or illness, a worker may also be able to recover a portion of his living expenses and transportation.
If the injury or illness was caused by the ship owner's negligence or other crew members, the worker can also sue for additional damages.
The family will have this right to sue if the worker was killed because of negligence.
Negligence may be manifested by causing offshore accidents, not properly maintaining deck floors, utilizing faulty equipment, having factors that lead to explosions or travelling in unsafe waters.
This act does not only apply to large commercial establishments.
Fishermen, shipyard workers and harbor workers all fall under the guidelines of the Jones Act.
Individuals who spend 30 percent or more of their time as a Merchant Marine can receive benefits under the act.
The Jones Act does involve a complicated system and complexities regarding benefits and when a worker is able to recover.
A maritime lawyer or Jones Act attorney will have the necessary knowledge and experience to help workers with their claim.
Look for a maritime lawyer who has a proven track record of success, either by settling for large amounts or taking the case to trial.
Although the Jones Act was created to protect workers at sea, some employers may not follow the guidelines of the system in an attempt to deprive workers of the compensation that is due to them, or so the employer can avoid liability for the accident.
Workers who are injured or become ill at sea are advised to contact an experienced maritime lawyer to assist them with their claim.
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