The Jones Act, also known as the Merchant Marine Act of 1920, is a vital component of United States maritime law. The Act provides seamen who are injured while working with the right to file a claim for compensation and pursue damages by way of a lawsuit. The Act also entitles injured seamen to a jury trial. Additionally, it empowers the family of a seaman who perishes while working to file for wrongful death benefits.
While the Jones Act seems fairly direct on its surface, filing a claim can become an extraordinarily complicated process. A number of legal decisions have shaped the Act's scope so that it is only applicable to certain individuals and circumstances. Add in the fact that employers' insurance companies commonly attempt to dispute claims and it is easy to see why so many injured seamen rely on a personal injury lawyer in NYC or a New York construction accident lawyer to help them with the claim process.
If you contribute to the operation or the mission of a vessel in navigation in any manner, you will likely qualify for a claim under the Jones Act. Yet the Act's language is not limited to merely ships and boats. If a vessel is capable of moving, it qualifies. Even if you suffer an injury while the vessel is not moving, you will still likely qualify for a claim. The Act states that injured seamen must have a connection to the vessel at the time of injury that is employment-related. It must be both substantial in nature as well as duration. These are very difficult concepts to define. In many instances, employers challenge the injured party's seaman status in court so that they do not have to pay benefits under the Jones Act. Courts typically resort to the interpretations of prior decisions yet new interpretations can be issued. Lean on the expertise of your personal injury lawyer and you'll quickly determine whether you qualify as an injured seaman according to the Jones Act's language. Your personal injury lawyer in New York will help you obtain the compensation that you rightfully deserve. This includes compensation for past, present and future medical expenses, compensation for your pain and suffering, lost wages, lost earning capacity and even your mental anguish.
Once you notify your employer that you have filed a claim under the Jones Act or float out a trial balloon communicating your intentions to file, they might offer you a settlement. Don't accept this offer right away! Work with your personal injury lawyer to build evidence for your claim while simultaneously negotiating a lucrative settlement with your employer. In many instances, a settlement cannot be reached and a lawsuit must be filed. Your work injury lawyer will guide you through this complicated legal maze that often includes a trial by jury as opposed to a trial by judge. With civil rights lawyers in New York on your side, you'll be able to prove that you are indeed a seaman, that your employer acted in a negligent manner and that this lack of due care has a causal relationship to your injury.
While the Jones Act seems fairly direct on its surface, filing a claim can become an extraordinarily complicated process. A number of legal decisions have shaped the Act's scope so that it is only applicable to certain individuals and circumstances. Add in the fact that employers' insurance companies commonly attempt to dispute claims and it is easy to see why so many injured seamen rely on a personal injury lawyer in NYC or a New York construction accident lawyer to help them with the claim process.
If you contribute to the operation or the mission of a vessel in navigation in any manner, you will likely qualify for a claim under the Jones Act. Yet the Act's language is not limited to merely ships and boats. If a vessel is capable of moving, it qualifies. Even if you suffer an injury while the vessel is not moving, you will still likely qualify for a claim. The Act states that injured seamen must have a connection to the vessel at the time of injury that is employment-related. It must be both substantial in nature as well as duration. These are very difficult concepts to define. In many instances, employers challenge the injured party's seaman status in court so that they do not have to pay benefits under the Jones Act. Courts typically resort to the interpretations of prior decisions yet new interpretations can be issued. Lean on the expertise of your personal injury lawyer and you'll quickly determine whether you qualify as an injured seaman according to the Jones Act's language. Your personal injury lawyer in New York will help you obtain the compensation that you rightfully deserve. This includes compensation for past, present and future medical expenses, compensation for your pain and suffering, lost wages, lost earning capacity and even your mental anguish.
Once you notify your employer that you have filed a claim under the Jones Act or float out a trial balloon communicating your intentions to file, they might offer you a settlement. Don't accept this offer right away! Work with your personal injury lawyer to build evidence for your claim while simultaneously negotiating a lucrative settlement with your employer. In many instances, a settlement cannot be reached and a lawsuit must be filed. Your work injury lawyer will guide you through this complicated legal maze that often includes a trial by jury as opposed to a trial by judge. With civil rights lawyers in New York on your side, you'll be able to prove that you are indeed a seaman, that your employer acted in a negligent manner and that this lack of due care has a causal relationship to your injury.
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