Jones Act Lawyer
Are you in need of a Jones Act lawyer? Look no further than Roth & Khalife LLP. With years of experience in maritime law, our team is dedicated to helping maritime workers navigate the complex legal system. Whether you have been injured on the job or are seeking compensation for wrongful death, our attorneys are here to fight for your rights. Learn more about how Roth & Khalife LLP can help you with your Jones Act case.
What Is the Jones Act?
The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that provides important legal protections for workers employed in the maritime industry, including seamen and offshore workers. Enacted to ensure the safety and well-being of maritime workers, the Jones Act allows eligible employees to seek compensation for injuries sustained while working at sea.
Key Provisions of the Jones Act
- Seaman Status: To qualify for protection under the Jones Act, an individual must meet the legal definition of a “seaman.” This typically includes workers who spend a significant portion of their time working on vessels in navigable waters and contribute to the mission or function of the vessel.
- Negligence Claims: Under the Jones Act, injured maritime workers have the right to bring negligence claims against their employers for injuries sustained due to the employer’s negligence or the unseaworthiness of the vessel. This allows injured seamen to seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from their injuries.
- Maintenance and Cure: The Jones Act provides for maintenance and cure benefits, which require employers to provide injured seamen with necessary medical care and living expenses (maintenance) and cover the cost of medical treatment until maximum medical improvement is reached (cure).
- Right to a Jury Trial: Unlike workers’ compensation claims, which are typically resolved through administrative processes, Jones Act claims allow injured maritime workers to pursue their cases in civil court and have their claims decided by a jury. This can often result in higher compensation awards for injured seamen.
How a Jones Act Lawyer from Roth & Khalife LLP Can Help
Navigating the complexities of the Jones Act and maritime law requires specialized legal knowledge and experience. A Jones Act lawyer can provide invaluable assistance to injured maritime workers by:
- Evaluating eligibility for protection under the Jones Act and determining the appropriate legal course of action.
- Investigating the circumstances surrounding the injury to gather evidence and establish liability.
- Advocating on behalf of injured seamen in negotiations with employers and insurance companies.
- Representing clients in court and fighting for fair compensation for their injuries and losses.
At Roth & Khalife LLP, our dedicated team of Jones Act lawyers is committed to protecting the rights of maritime workers and helping them pursue the compensation they deserve. If you’ve been injured while working at sea, contact us today for a consultation to learn how we can assist you in seeking justice and recovering the compensation you need to move forward with your life.
Who Can You Sue in the Event of a Maritime Injury?
If you’ve been injured as a maritime worker due to someone else’s negligence, you may be able to file a negligence claim against various parties. Determining who you can sue depends on some factors, including the circumstances surrounding the injury and the parties responsible for maintaining a safe working environment aboard vessels. Here are some potential parties that may be held liable in maritime injury cases:
- Employer or Vessel Owner: Under the Jones Act, maritime employers and vessel owners have a legal obligation to provide a safe working environment for their employees. If an employer or vessel owner’s negligence contributes to a maritime injury, injured workers may have grounds to file a claim against them for compensation.
- Ship’s Master or Captain: The ship’s master or captain has a duty to ensure the safety of the vessel and its crew. If the ship’s master or captain fails to take appropriate measures to prevent accidents or injuries, they may be held liable for negligence in a maritime injury case.
- Ship’s Crew or Co-workers: In some cases, negligence by fellow crew members or co-workers may contribute to maritime accidents or injuries. If a crew member’s actions or inactions result in harm to another worker, the injured party may have grounds to sue the negligent individual for damages.
- Manufacturers or Suppliers: If a maritime injury is caused by a defective product or equipment aboard the vessel, such as faulty machinery or inadequate safety gear, the manufacturer or supplier of the defective product may be held liable for the resulting injuries under product liability law.
- Third Parties: In addition to employers and co-workers, third parties who contribute to maritime accidents or injuries may also be held liable for negligence. This could include contractors, subcontractors, maintenance companies, or other entities whose actions or failures to act contribute to the injury.
Don’t navigate the uncharted waters of pursuing a Jones Act claim alone. We’ll help you determine who may be liable for your maritime injury and guide you through the legal process to ensure you receive fair compensation for your losses. Contact Roth & Khalife LLP today to schedule a consultation with a skilled Jones Act lawyer who can advocate for your rights and help you seek justice.
Jones Act vs. Typical Workers’ Compensation
When maritime workers are injured on the job, they may be entitled to compensation under either the Jones Act or workers’ compensation, depending on the circumstances of their injury. While both provide benefits for injured workers, there are significant differences between the two systems.
Workers’ compensation is a state-run insurance program that provides benefits to employees who are injured or become ill on the job. Here are some key features of workers’ compensation:
- No-Fault System: Unlike the Jones Act, workers’ compensation is a no-fault system, meaning injured workers are entitled to benefits regardless of who was at fault for the injury. Injured workers do not need to prove negligence on the part of their employer to receive benefits.
- Limited Benefits: Workers’ compensation typically provides benefits for medical expenses, lost wages, and vocational rehabilitation. However, benefits may be limited compared to those available under the Jones Act, and injured workers may not be entitled to compensation for pain and suffering.
- Administrative Process: Workers’ compensation claims are typically resolved through an administrative process, rather than through litigation in civil court. Disputes may be resolved through mediation or arbitration, with oversight from state agencies responsible for administering workers’ compensation programs.
Which Option Is Right for You?
Determining whether to pursue a claim under the Jones Act or workers’ compensation depends on various factors, including the nature of your injury, your employment status, and the circumstances of the accident. Consulting with an experienced maritime injury lawyer is essential to understand your rights and explore your legal options.
Roth & Khalife LLP Helps You Recover Compensation for These Injuries
Roth & Khalife LLP is dedicated to helping maritime workers recover compensation for a wide range of injuries sustained on the job. Our experienced personal injury lawyers have successfully represented clients who have suffered from injuries such as:
- Back and spinal cord injuries
- Head and brain injuries
- Broken bones and fractures
- Burn injuries
- Repetitive stress injuries
- Drowning or near-drowning accidents
- Loss of limb injuries
- Toxic exposure injuries
- Slip and fall injuries
- Occupational diseases
If you have been injured while working on a vessel, offshore rig, or any other maritime environment, contact Roth & Khalife LLP today for a free consultation. Our Jones Act lawyers will review your case, explain your legal rights, and help you determine the best course of action to recover the compensation you deserve. With our knowledge and experience in maritime law, we will fight tirelessly on your behalf to ensure that you receive fair and just compensation for your injuries.
Contact Us Today
If you’ve been injured while on the job, there is no time to waste. Our Jones Act attorneys are ready to take up your case and fight on your behalf. Call our New York office today at 212-608-3015 to receive the top-notch legal representation you deserve.
Jones Act Lawyer FAQs
What is the Jones Act, and who does it protect?
The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that provides legal protections for maritime workers, including seamen and offshore workers. It allows eligible employees to seek compensation for injuries sustained while working at sea.
What types of injuries are covered under the Jones Act?
The Jones Act covers a wide range of injuries sustained by maritime workers, including slip and fall accidents, injuries from heavy lifting or machinery, and illnesses resulting from exposure to hazardous substances.
How does the Jones Act differ from workers’ compensation?
The Jones Act allows injured maritime workers to bring negligence claims against their employers for injuries sustained on the job, while workers’ compensation is a no-fault system that provides benefits regardless of who was at fault for the injury.
What benefits are available under the Jones Act?
Benefits available under the Jones Act include compensation for medical expenses, lost wages, pain and suffering, and maintenance and cure benefits, which cover living expenses and medical treatment until maximum medical improvement is reached.
Who can I sue in the event of a maritime injury?
In the event of a maritime injury, potential parties that may be held liable include employers, vessel owners, ship’s masters or captains, co-workers, manufacturers or suppliers of defective products, and third parties whose actions contribute to the injury.
How long do I have to file a Jones Act claim?
The statute of limitations for filing a Jones Act claim is typically three years from the date of the injury. However, it’s essential to consult with an attorney as soon as possible to ensure you meet all deadlines and preserve your right to seek compensation.
Do I need an attorney to file a Jones Act claim?
While you’re not required to have an attorney to file a Jones Act claim, navigating the legal complexities of maritime law can be challenging without legal representation. An experienced Jones Act lawyer can advocate on your behalf and help you pursue fair compensation for your injuries and losses.
How can Roth & Khalife LLP help me with my maritime injury claim?
At Roth & Khalife LLP, our experienced team of Jones Act lawyers specializes in handling maritime injury cases. We can evaluate your case, explain your legal rights and options, and help you navigate the legal process to seek justice and recover the compensation you deserve for your injuries and losses.
