So exactly how does the Jones Act work? First, it mandates that every maritime employer must, by law, cover all medical and recovery needs of an injured worker. For instance, if you slipped and fell while working on an American vessel, your employer is bound to cover your medical and living costs until you are fully recovered. This right is often referred to as "maintenance and cure".
The rights of the seaman to maintenance and cure are fairly straightforward. Maintenance refers to the amount of money needed to properly house and maintain the injured person during recovery. For example, if you suffered a bad burn on the job, you would probably need a fairly lengthy time to recover. You would most likely need hospitalization, skin graft surgery and rehabilitation services.
Cure means that your employer must cover all medical bills related to your accident. This allows you to get the help you need and be sure you are achieving the most successful and complete recovery possible so you can get back to work.
And that's not all; the Jones Act states that you must receive maintenance and cure benefits until you have reached "maximum medical recovery." While this term has never been fully defined and your employer may try to cut the time you need short, a lawyer can help you to be sure that you get every day you deserve.
Second, the Jones Act guarantees the right of every injured seaman to sue an employer who was at fault in some way in the accident. A maritime worker who can prove his or her boss or even a co-worker was negligent, and that this negligence caused an injury, may go to court and sue for damages, pain and suffering and lost wages. Any money won for the seaman is in addition to maintenance and cure benefits.
All in all, the seaman who is injured enjoys great legal protections under the Jones Act, which always works in his or her favor. Unfortunately, some employers try to duck their responsibilities and shortchange their injured workers. You must be sure that you are getting the maximum benefit afforded you by law.
To do this, you need legal representation. The maritime injury specialists at The Young Firm have spent their careers defending the rights of injured seamen. They know every facet of The Jones Act and how to ensure you receive every penny coming to you. Call today toll free at (886) 938-6113 to set up a consultation. And be sure to order a copy of our free consumer guide, 6 Secrets Your Company May Not Tell You When You Get Injured Offshore.