Originally, the Jones Act was enacted in 1920 by the U.S. Congress to provide remedies against an employer for seamen that suffer work-related injuries. Changes were made to the act in 1970. The Jones Act will protect an eligible seaman’s beneficiary in the case of death as well. Inland and offshore seamen are protected under the Jones Act.
Under the Jones Act, a ship or vessel includes different water-going vessels, ships, or other floating or movable rigs. They include but are not limited to various barges, tankers, diving vessels, research vessels, fishing vessels, cargo ships, drill ships, and many others. A vessel must be kept in seaworthy condition by its owner.
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 have been injured in a maritime-related injury and live in the state of Nebraska, contacting a Jones Act lawyer is in your best interest. A reputable Jones Act lawyer will be able to determine if your case can be heard in a Nebraska state court or on the federal level. A Jones Act claim heard in a Nebraska state court will obviously follow Nebraska state court procedures.
Legal damages may be recovered under the Jones Act if the injury is a result of an unseaworthy vessel. Also, legal damages may be granted if it is proven that negligence on the part of the captain, owner, or other workers aboard the vessel. Wage losses can be recovered under the Jones Act. According to the Jones Act, seamen are entitled to reasonable medical expense coverage as well as compensation for mental anguish, disfigurement, pain, and suffering.
If you are a resident of Nebraska, it may be beneficial to file your claim in Nebraska. This will allow for medical attention from a doctor in the area
The statute of limitation is three years for most Jones Act claims. In other words, a claim must be made within three years of the actual injury. However, certain circumstances may alter the limitations. Regardless, waiting to take action after an injury is not recommended.
The Jones Act has complex terms. Therefore, an experienced Jones Act lawyer is more likely to ensure that proper medical treatment expenses and other compensation are granted. Also, a Jones Act lawsuit may result in monetary awards.
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