Simply Put: The Jones Act Can Help You ALOT After an Injury Offshore
The Jones Act is one of few federal laws that truly protects employees who are involved in workplace accidents. If the Jones Act applies to your case, you are actually considered a "ward" of the court. This term dates back more than a hundred years and essentially means that the court has a duty to protect you and your rights.
Unfortunately, today this term does not carry as much weight as it used to many years ago. Nonetheless, injured seamen under the Jones Act are still technically considered wards of the court. This gives you an idea of the significant protections that the Jones Act gives to injured employees.
Basics of the Jones Act- Why Is the Jones Act so Important to You?
The Jones Act allows an injured employee to file suit directly against their employer, and collect money damages, for any of their employer’s negligence which may have caused or contributed to the employee’s injury. If your company, or your co-wqorker, was at fault in causing or contributing to your accident and injury, you can collect compensation from your employer for your injury and damages. This law is very different than the general rule that an employee cannot sue their employer even if the employer caused his injury.
There are two important points to remember in regard to a suit against your employer under the Jones Act.
This comparative fault rule fully explains why almost all companies will immediately blame an injured employee for their own accident.
It also explains why a company will immediately take a recorded statement from the injured employee and discuss the way that the accident happened during the statement. In short, the company is simply trying to defend itself early and quickly against any type of claim that you may later file under the Jones Act.
Our office strongly encourages employees to always clearly state why their accident happened, including specifically listing any fault on the part of the company or their co employees on the accident reports. An injured employee should also be sure to list any dangerous condition or unsafe equipment which may have caused or contributed to their accident.
What Should You Do Next?
We would encourage you to either learn more about your rights by requesting free informational materials or contact our office to get answers directly. You can reach us toll free at (866) 938-6113 or (504) 680-4100.