While most people on land are eligible for workers’ compensation, maritime workers are not. Fortunately, under federal legislation, the Jones Act regulates marine transport and protects seamen when injured on the job.
The Act allows crew members to file lawsuits against their employer when they sustain injuries while working on a vessel. An experienced Portland Jones Act lawyer could guide you through the procedure and protect your legal rights. Additionally, the dedicated attorneys at Gideon Asen, LLC could help you collect the benefits you deserve for your injuries.
Who is Covered by the Jones Act?
The Jones Act protects seamen working on a moving vessel. Eligible crew members are those contributing to the boat’s day-to-day function. Maritime workers covered by the Jones Act include the following:
- Tugboat workers
- Barge crew members
- Oil platform workers
- Ferry boat crew members
- Cruise ship staff members
Vessel owners or managers must provide safe working conditions for seamen, which includes adhering to safety regulations and providing protective gear or equipment.
What Types of Cases Fall Under the Jones Act?
Examples of cases covered under the Jones Act include the following:
- Seamen suffering injuries on a vessel because of an unsafe work environment
- Negligent actions of management or other crew members causing an accident
- Lack of adequate safety gear and equipment
- Hazardous conditions caused by the employer or co-workers
- Insufficient medical care availability for crew members
- Failing to look for seamen after falling overboard
The Jones Act allows maritime workers to file a claim against their employer when they can prove their employer was negligent. A Jones Act attorney in Portland could investigate a maritime accident case and gather the evidence to establish liability.
The Jones Act Protects Seaman After Personal Injuries or Death
According to 46 United States Code § 30104, after establishing the employer’s negligence caused the employee to sustain injuries, they may be eligible to collect compensation for medical care, lost pay, benefits, or pain and suffering.
The injured crew member must report their harm to their supervisor and seek medical treatment from a healthcare professional immediately. When the worker cannot report the incident to their employer immediately, they must do so within seven days or risk losing eligibility under the legislation. A knowledgeable lawyer in Portland could provide sound legal advice and assistance when pursuing a case under the Jones Act.
The Burden of Proof
While the claimant must establish that the defendant’s negligence caused their injuries, the Jones Act requires less of a burden. Collecting benefits under the Act only requires proving that negligence played a part in causing the injuries—even when they are minor.
Schedule to Meet a Seasoned Jones Act Attorney in Portland
While qualifying seamen have certain legal rights and protections after sustaining injuries while on an active ship, the process is complex and often confusing. Many Portland residents work as seamen, contributing to the local economy.
Ship crew members face many risks while working daily, meaning injuries on boats are common. You could be eligible for benefits under the Jones Act when you suffer injuries while working on a vessel. Call our seasoned Portland Jones Act lawyers at Gideon Asen, LLC today for more information and help with your claim.