Workers who are considered to be seamen or river workers, unfortunately, are not covered by workers’ compensation when they are injured at work. This means that they are not able to go through a straightforward claims process to gain compensation for a work-related injury regardless of fault.
However, the Jones Act is a federal law that regulates aspects of maritime commerce. It also puts rules in place for how injured seamen can recover damages after being injured at work. Notably, the Jones Act makes it possible for injured seamen to sue their employers if they were injured because of negligence. The following are the pros and cons of the Jones Act for injured seamen.
The pros of the Jones Act
Injured seamen have the potential to gain more damages than what would be possible through workers’ compensation. This is because workers’ compensation provides financial reimbursement, but suing your employer for negligence means that you can gain additional damages for the pain and suffering caused.
The cons of the Jones Act
The downside of the Jones Act is that it is only possible to gain damages if you can show that the injury was caused by an employer’s or coworker’s negligence. This means that if the injury was due to a mistake made by you, it will not be possible to gain any form of compensation.
If you have been injured at work and you are classified as a seaman, you should take swift action to explore your options for suing your employer through the Jones Act. By doing this, you may be able to gain back damages for medical expenses, lost wages, and for the pain you endured.