Seamen have specific Jones Act protections should they be injured while in the service of a vessel and on duty working. Part of these protections entitles them to seek maintenance and cure benefits, which are similar to workers’ compensation benefits.
Maintenance and cure will cover basic living expenses and medical expenses until the injured seaman is released to return to work. However, in cases where the injured seaman cannot return to work due to extensive injuries or dies, the seaman or their immediate family have the right to file a Jones Act lawsuit.
Seamen have the right to sue for compensation when injured to cover:
- Past, Present, and Future Medical Expenses
- Physical Impairments/Loss of Limbs
- Mental Impairments
- Disfigurement
- Loss of Present and Future Earnings
- Mental Anguish (Pain and Suffering)
- Loss of Life
Common Employer Fault Jones Act Cases
Vessel owners and employers are required to provide a safe working environment for seamen. When they fail to do so, and injuries result, they can be held liable for damages. To establish your right to a Jones Act claim, seamen must prove contributory negligence by the vessel owner or employer.
Some of the more common employer fault Jones Act lawsuits that have injured seamen in the past include:
- Improperly Maintained Equipment
- Improperly Trained Crew
- Understaffed Crew Assignments
- Defective Equipment
- Crew Not Supplied with Necessary PPE
- Improperly Secured Equipment
- Unseaworthy Vessel
- Defective Safety Equipment
Employer Retaliation Protection Under the Jones Act
Employer retaliation is not unheard of to attempt to deter injured seamen from filing a Jones Act claim and lawsuit. Texas, Florida, and many other states that border the Gulf of Mexico, Atlantic Ocean, or Pacific Ocean are “right-to-work” states.
What this means is an employer can terminate employment with or without cause unless you have a legally binding contract. Sadly, the unfortunate truth is some employers may threaten termination if an injured seaman initiates a Jones Act claim or lawsuit.
If you are afraid your employer may retaliate for filing a Jones Act claim, you need to understand that they cannot do this legally, even when they threaten to do so or actually terminate you. Furthermore, if they do, you have the right to:
- State and federal law protections that prohibit employers from terminating employees for filing injury claims.
- Jones Act protections under maritime laws to file injury claims without retaliation.
- The right to seek additional monetary compensation for wrongful or retaliatory termination for lost present and future wages.
What to Do if You Are Fired for Filing a Jones Act Lawsuit
Suppose your employer has fired you for filing a Jones Act claim for your injuries or terminated your employment because you initiated a Jones Act lawsuit with help from our Jones Act lawyers. In that case, you need to let us know immediately
We have helped thousands of injured maritime workers nationwide receive the compensation they deserve. Our maritime law firm also recovered the largest single claimant Jones Act settlement in the United States.
We are committed to protecting your interests and legal rights while providing the representation you need throughout your Jones Act lawsuit to secure the compensation you are legally entitled to receive.
To find out how we can help with your Jones Act claim and when you have grounds to file a lawsuit, please feel free to contact the Jones Act lawyers at Maintenance and Cure, part of Schechter, Shaffer & Harris, L.L.P. by calling 800-836-5830 today!
