Injured At Sea?
San Diego Maritime Attorney Frederick Dudek Answers Your Questions
When maritime workers (“seamen”) are injured, they are typically entitled to file a lawsuit under the Jones Act. Lawsuits filed under the Jones Act are similar to standard personal injury cases, but there are a few differences unique to maritime accidents that can affect your compensation. The laws are complex, but San Diego maritime attorney Frederick Dudek from Dudek Law Firm APC is here to illustrate how the Jones Act works and what rights injured seamen have. If you suffered an injury while working at sea, The Dudek Law Firm can help you protect your rights.
What is the Jones Act?
The Jones Act is a specific section of the Merchant Marine Act of 1920. It deals with cabotage (coastal shipping) and defines the rights of seamen who are hurt while working at sea. The Jones Act gives seamen legal avenues for seeking compensation if they are injured due to negligent actions (or inactions) performed by the shipowner, the captain, or any other member of the crew. Essentially, it extends seamen the same protection already afforded to railroad workers. Specifically, the act states that
“Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply.”
Simply put, the Jones Act provides rights to injured seamen that international maritime law does not provide.
Who can file a lawsuit under the Jones Act?
Workers in virtually any profession on a ship can qualify as seamen, including:
- Captains
- Sailors
- Cooks
- Waiters and waitresses
- Deck hands
However, workers must meet certain conditions for the law to consider them seamen under the Jones Act. Typically, a worker must spend time working at sea to be eligible to file a lawsuit under the Jones Act. Furthermore, the ship on which the seaman works must be a vessel. Courts generally consider any object involved in the transport of cargo or passengers on navigable waters a vessel. For example, a cruise liner would be a vessel, but a casino boat that is permanently at shore may not be, since the crew members do not regularly face dangers associated with work at sea.
What compensation may I receive through a Jones Act lawsuit?
While the Jones Act provides limited no-fault benefits, an injured seaman will likely receive the vast majority of his or her compensation through a lawsuit. The process of filing a Jones Act lawsuit is different from other personal injury cases. Frequently, maritime cases are filed in federal court, which have different procedures and rules. The seaman and his or her attorneys can sue some negligent parties who caused his or her injuries. He or she may be entitled to compensation for past and future medical bills, lost wages, lost earning capacity, and physical pain and suffering. Calculating the true value of these damages is a complex process, but Frederick Dudek can help you make sure that you receive compensation for the full extent of your injuries.
Let Dudek Law Firm APC Help You
For over eighteen years, Frederick Dudek has been helping victims seek compensation in many kinds of personal injury practice areas. He has an in-depth understanding of the Jones Act and how the Act applies to injured seamen. He can conduct an investigation of your case and explain in a straightforward manner what options are available to you. Dudek Law Firm APC only accepts a limited number of cases, and each client received substantial time and attention. If you or someone you love was hurt working at sea, Frederick Dudek will fight aggressively to defend your rights. Contact San Diego maritime lawyer Frederick Dudek today.