The Law Office of Robert W. Nizich has successfully litigated many workers’ compensation claims for injured sailors. The Merchant Marine Act of 1920, also known as the Jones Act, was enacted by Congress to provide vessel crew members protection. The Jones Act entitles injured sailors who have suffered work-related injuries to financial compensation for medical costs. Additional benefits are awarded if the injury was caused by the negligent actions of another employee or the vessel’s work environment. If negligence can be proven, the seaman may recover compensation for pain, suffering, disability, and future medical benefits.
Seafarers who suffer a work-related injury or contract an occupational disease/illness may be entitled to:
Sailors workers' compensation claims deal with the rights of a seaman aboard any type of vessel. To be considered, a sailor must:
Injured sailors are entitled to many of the same benefits afforded by other workers’ compensation statutes. If a work-related injury has been suffered, sailors are entitled to medical care, rehabilitation, lost wages, and transportation costs. The Jones Act provides the framework for protecting workers when they become injured. It details the circumstances under which ship owners are liable for the costs of medical care for an injured sailor.
The Jones Act also requires that the employer or ship owner get the sailor home. The United States Supreme Court has ruled that any worker who spends more than 30 percent of his time in the service of a vessel on navigable waters qualifies as a seaman and is covered under the Jones Act. Workers’ compensation claims under the Jones Act may be brought either in federal or state court. The Jones Act should not be confused with the Longshore and Harbor Workers’ Compensation Act, which provides coverage to dock workers.
While they are similar in many respects, Jones Act Claims are not the same as workers’ compensation claims. In most cases, Jones Act awards are much greater than workers’ compensation claims. Consult an experienced maritime workers' compensation attorney as soon as you are injured. If you file a workers’ compensation claim, you may lose eligibility to pursue a Jones Act claim. Traditional workers’ compensation claims may provide medical care, disability payments, and lost income payments to employees who have suffered an on-the-job injury. These claims are specifically designed to keep injured workers afloat until they are healthy enough to return to work. Workers’ compensation settlements cover medical bills and lost wages. Claims made through the Jones Act provide comparatively larger cash settlements, and additional damages can be collected if negligence was involved.
In addition to the compensation an injured seaman may be entitled to under the Jones Act, an additional negligence action may be taken against a third party. The worker may be eligible to collect damages if he/she can prove that the third party in any way caused the accident. Employees injured by negligence may do one of the following:
If you or a loved one is a sailor or seaman that has been injured on the job, contact Robert W. Nizich. Our firm can help you obtain the financial compensation you are entitled to. We are experienced with the Jones Act and have successfully litigated many workers’ compensation claims. We have obtained many substantial verdicts and settlements for injured sailors. Contact Robert W. Nizich for a free case evaluation. We can help you maximize your award.
Contact the law office of Robert W. Nizich if you are an injured seaman or sailor and would like to know more about workers’ compensation claims or the Jones Act.
Robert W. Nizich
839 S Beacon St Suite # 332
San Pedro, California 90731
Ph. 800.673.3165
Fx. 310.548.6364