The Jones Act was enacted by The United States Congress. Under the Jones Act, seamen are protected in cases involving injury or death that occur on the job. Seamen are crew members of a ship or vessel. The Jones Act is applicable to both inland seamen as well as offshore seamen.
Under the Jones Act, a ship or vessel includes many different water-going vessels, ships, or other floating or movable rigs. They include but are not limited to various types of barges, tankers, research vessels, diving vessels, fishing vessels, cargo ships, drill ships, and others. It is important to note that worker’s compensation and the Jones Act are not one in the same. Worker’s compensation laws differ within each state while Jones Act injuries follow the same structure and guidelines no matter the state.
The Jones Act claim is governed by federal law. Cases involving injuries covered under the Jones Act can be heard either in a state court proceeding or in a federal court proceeding. If you live in the state of Delaware and you have been injured while working at your maritime job, it is wise to contact a maritime lawyer or Jones Act lawyer. The lawyer should be able to determine if your case should be heard on the state or federal level.
A seaman injured during his or her maritime job may attempt to recover various legal damages under a Jones Act lawsuit or a Jones Act claim. These damages include both income that the employee loses from the time of the injury to the time of the proceedings as well future income losses. According to the Jones Act, seamen are entitled to reasonable medical expense coverage as well as compensation for disfigurement, pain, suffering, and mental anguish.
If you are a resident of Delaware, it may be very beneficial to file your Jones Act lawsuit or claim in the state of Delaware. This will allow the injured employee to seek medical attention from a doctor in their area.
The statute of limitation for most Jones Act cases is typically three years. However, in some circumstances it can be shorter amount of time.
Jones Act cases and the rules in regards to the act are extremely complex. Hiring a Jones Act lawyer is highly recommended. Taking the wrong actions following a maritime injury can very possibly result in the loss of deserved wages, benefits, and compensation.
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