Working as a seaman involves high occupational hazard risks. If accidents occur and injuries are sustained, the concerned seaman is required by law to report the incident as soon as possible to the ship captain or mate. Under pertinent legislation, the injured seaman has a period of three years, counted from the day the injury was sustained, to report the incident. This reporting is required for purposes of claiming compensation and other indemnities arising from the injury. This is where a Jones Act attorney can help.
Compensation comes in two forms. The first form is called maintenance. It pertains to the right of the injured seaman to receive allowances during the period of his recovery. The amount is aimed at covering expenses relating to treatment and medication for injuries sustained. In addition, this form of compensation also includes indemnity for lost wages.
The second is called cure. This amount covers reimbursements for medical costs incurred by the injured seaman.
For seamen injured in the course of their employment on board the vessel, they are entitled to both forms of compensation. A Houston Jones Act attorney can help process these claims for compensation and indemnity.
An Injured Seaman’s Right to Receive Compensation
Under the law, seamen injured while in the performance of their work are entitled to compensation and indemnity for injuries sustained. Seeking legal assistance from a Houston Jones Act attorney can help fast-track the processes in enforcing these claims.
Admittedly, not all injuries result from the fault or negligence of the ship captain or owner. Sometimes, without anybody’s fault, an unfortunate event could befall on a seaman. Still, the injured seaman can still file a claim.
In cases where the injury resulted from the fault or negligence of the employer, the injured seaman can claim maintenance and cure compensation. In addition, maritime laws also allow the latter to file for an action for torts and damages.
Keeping a Seaman’s Injury Log
A Houston Jones Act attorney can advise seamen as to their rights relating to occupational safety and claims for indemnity arising from injuries incurred in the course of their employment.
As a preliminary step in enforcing these rights, the concerned seamen are required to report the circumstances surrounding the occurrence of the injury. This is a prerequisite before filing the necessary actions for compensation or damages in court.
For this purpose, the law requires vessel owners or operators to maintain and update a seaman’s injury log with any significant injuries, per Coast Guard regulations. For more on maritime claims for compensation and damages, consult a Houston Jones Act attorney.
An experienced Maritime attorney at Maintenance and Cure can advise you on the best way to proceed with your Jones Act claim. Call today for a FREE consultation.
