Chicago Jones Act Lawyer

If you’re a maritime worker and you’ve been injured, securing the services of an experienced Jones Act lawyer is crucial for navigating the complexities of maritime law and ensuring your rights are fully protected. 

Maritime injuries can be severe, impacting not just your physical health but also your ability to earn a living. 

Keep reading to learn more about The Jones Act and how you can obtain compensation for your injuries with the help of a Chicago Jones Act lawyer.

What Is the Jones Act (Merchant Marine Act)?

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law designed to foster and maintain an American merchant marine capable of engaging in commerce and providing naval support during wartime or national emergencies. 

Additionally, the Act grants seamen who have been injured while working at sea the right to file Jones Act lawsuits against their employers for compensation related to injuries sustained in the course of their employment. 

These cases demand deep understanding and expertise in the nuances of local law, admiralty law, and maritime regulations.

Jones Act vs Workers’ Compensation

The Jones Act and workers’ compensation serve as vital protection for employees suffering from workplace-related injuries, but they apply to different classes of workers.

The Jones Act is specifically tailored for seamen injured in the course of their maritime employment. Under the Jones Act, seamen injured on the job can sue their employers directly if they can prove negligence or that the vessel was deemed unseaworthy. 

Workers’ compensation is broadly applicable across most land-based industries. This no-fault system ensures that injured workers receive medical benefits and wage replacement without needing to prove employer negligence. However, under this program, employees cannot sue their employers for injuries sustained.

Jones Act vs Longshore and Harbor Workers’ Compensation Act

The Jones Act is a federal law, as is the Longshore and Harbor Workers’ Compensation Act (LHWCA), both designed to protect seamen and other workers who suffer injuries related to maritime employment. However, they cater to different types of workers under specific circumstances.

The Jones Act applies specifically to most seamen, especially those who spend a significant amount of their work time on navigable vessels. The Act covers these workers by allowing them to seek damages – like medical care costs – from their employers through negligence claims.

In contrast, the LHWCA is a federal statute that provides protection for maritime workers who are not considered “seamen,” such as those involved in loading/unloading ships, ship repairmen, shipbuilders, or those involved in harbor construction.  

The LHWCA operates like a traditional no-fault worker’s compensation system providing medical benefits, wage replacement, and rehabilitation services without requiring proof of employer fault.

Coverage Under the Jones Act

To be covered under the Jones Act, you must be considered a seaman. 

In general, a seaman is an individual who works primarily aboard a vessel that is “in navigation.” This usually means they spend at least 30% of their working time on board, and their work must be integral to the ship’s operation or its mission.

Additionally, the vessel you work on must be navigable. Ships that are floating, operable, and capable of moving unassisted in navigable waters suitable for commerce qualify under this Act. This can include other vessels moored at docks performing operational tasks.

Workers Not Covered By The Jones Act

Workers who spend less than 30% of their time working onboard a vessel are not eligible. Additionally, employees whose job duties are not directly related or contributing to their vessel’s operations and assigned tasks are not covered. 

Maritime workers who deal with vessels that are out of water for repairs/refits and ships not currently operable for immediate maritime duties cannot file claims under The Jones Act either. 

What to Do After a Maritime Injury

After sustaining a maritime injury, it’s crucial to follow specific steps to ensure your rights are protected, and you can access appropriate recovery resources. Here’s a comprehensive list of what to do – and not do – for injured maritime workers:

Do

• Report the injury immediately to your supervisor or according to company protocol and make sure an accident report is generated.
• Seek medical attention as soon as possible, regardless of how minor your injuries appear at first.
• Document everything, including witness statements, details about where and how the maritime accident happened, along with photos of the site if feasible.
• Maintain records of all medical treatments received pertaining to your injury, including visits to specialists or therapists.
• Consult with a maritime lawyer who specializes in this type of law and understands the intricacies of maritime cases under the Jones Act. They can advise on your best course of action.

Don’t

• Discuss details of the maritime accident or your intentions regarding a potential claim on social media or with coworkers—such discussions could potentially harm your case.
• Sign any documents from employers, insurers, or third parties concerning waivers of liability or settlements without consulting a maritime injury attorney. You might inadvertently sign away important rights.
• Ignore doctors’ advice. Skipping treatments may be interpreted as evidence that you’re not seriously injured, compromising compensation claims.

Filing Jones Act Claims With Rosenfeld Injury Lawyers

Here’s how we can help with your case:

• Expert Guidance: We offer expertise and guidance on navigating the complexities of Jones Act claims, ensuring you know what steps to take.
• Thorough Investigation: Our team will thoroughly investigate your case to gather crucial evidence and expert testimonies that solidify your claim for full compensation.
• Calculation of Damages: Our maritime injury attorneys meticulously calculate all damages to maximize the potential settlement or award, like lost wages and medical expenses.
• Skilled Negotiation: When pursuing a Jones Act claim, you’re dealing with not just your employer but also insurance companies. We understand the tactics insurers may use to minimize your compensation, and we’re prepared to counter them effectively.

Here’s what it looks like to start that process:

• Schedule a Consultation: Contact our office for a free, no-obligation consultation to discuss your maritime injury. This initial meeting helps assess the viability of your Jones Act claim and outline potential legal strategies.
• Filing Your Claim: Our team can take the appropriate legal steps to file your claim in a timely manner in accordance with Jones Act requirements, ensuring all needed documentation is complete and accurate.
• Ongoing Support: Throughout this often-complex process, our maritime injury lawyer will provide unwavering support and consistent communication.

Types of Cases Our Maritime Injury Lawyers Handle

Our seasoned maritime industry injury law team handles a diverse array of cases, ensuring that workers across different sectors receive proficient legal representation. The following are some common cases we handle:

• Tugboat and barge crew member accidents
• Factory trawler injuries
• Commercial fishing, crabbing, processing injuries
• Longliner injuries 
• Merchant mariners
• Cruise ship injuries
• Port and pier injuries

Examples of Negligence Our Jones Act Attorneys Typically Come Across

Our Jones Act attorneys encounter a spectrum of negligence cases that can impact the health and safety of maritime workers. Here are examples we frequently address:

• Negligent instruction or supervision
• Failure to provide medical treatment
• Failure to avoid dangerous weather When Navigating the Vessel
• Failure to provide proper tools and equipment for the job
• Failure to adequately staff the vessel 

Injuries Commonly Associated With Maritime Accidents

Maritime work carries several inherent risks and can lead to a wide range of injuries. Among the common injuries associated with maritime accidents are:

• Broken bones
• Crush injuries 
• Back and neck trauma
• Warm or cold exposure-related harm 
• Chemical burns  
• Falls overboard, which could potentially result in drowning

There’s Limited Time to File Maritime Injury Claims Under the Jones Act

When you’ve been injured on a maritime vessel, it’s critical to act swiftly due to the constraints imposed by the Jones Act. Failure to adhere to these deadlines can result in losing your right to seek compensation.

Here’s what you need to know:

• Initial Notice: It is mandatory that injured workers promptly inform the U.S. government in writing regarding any claim of injury.
• The Waiting Period: After you submit your notice of claim, you must wait an obligatory six months before you can file your Jones Act lawsuit.
• Filing Your Jones Act Lawsuit: After 6 months, you will have two years to file your lawsuit. 

Who Can File a Jones Act Claim Under Maritime Law

Under the Jones Act, seamen can pursue compensation. This term broadly covers individuals whose work contributes to the function of a vessel or its mission, and they must spend a significant portion of their employment time onboard vessels in navigable waters.

In tragic cases, our Chicago wrongful death claim attorneys can help families of workers killed in work-related incidents pursue damages through the Jones Act.

Damages That a Jones Act Attorney Can Help You Recover

A knowledgeable Jones Act attorney or maritime injury law firm can help you claim a range of economic and non-economic damages after a maritime injury or wrongful death.

Economic damages include:

• Lost wages
• Lost earning capacity
• Medical bills

Non-economic damages may cover:

• Pain and suffering
• Mental anguish
• Disfigurement

Wrongful death damages include:

• Financial Support
• Value of loss of future care and guidance
• Funeral expenses
• Pain and suffering

Factors Affecting Jones Act Compensation Amounts

The amount of compensation available in Jones Act cases can vary significantly depending on several factors, including:

• Severity and longevity of injuries 
• Impact on quality of life
• Pre-injury income level
• Medical treatment costs 
• Strength of the evidence 
• Competence of your maritime attorneys

Navigating the complexities of a Jones Act case requires careful attention to multiple influencing factors that determine the extent of compensation. Each case is unique, underscoring the value of having a skilled maritime attorney by your side. 

The Injured Maritime Workers’ Share of Responsibility

In maritime accidents, the principle of comparative negligence often comes into play where multiple parties share responsibility for an incident. In general, maritime law recognizes that an injured worker can still pursue a claim and obtain compensation even if they were partially responsible for their own injuries.

If it’s determined that more than one party contributed to your injury – including you – liability is then apportioned accordingly based on each party’s degree of fault.

There are sometimes nuances to these rules that can change how damages are awarded, so always speak with experienced maritime injury lawyers as soon as possible. 

Maritime Accident Statistics

Maritime accidents, involving both recreational and commercial vessels, pose significant risks on waterways around the world. Here are recent statistics that shed light:

• The United States Coast Guard reported a total of 4,521 maritime crashes between 2010 and 2020, indicating the ongoing risk present in maritime activities. [1]
• Out of the reported accidents, 3,046 resulted in fatalities, highlighting the severe consequences that can arise from maritime incidents. [1]
• The most frequent types of maritime accidents were vessel collisions, accounting for 31% of incidents, followed by groundings (27%), and fires (14%), underscoring the variety of dangers faced at sea. [2]
• In 2022, there were 38 large ships totally lost, which shows a decrease from 59 in 2021. [3]

Contact Our Maritime Injury Lawyers Today!

Rosenfeld Injury Lawyers is deeply knowledgeable in maritime accident law and committed to championing the rights of injured seamen and their families.

Don’t navigate these turbulent waters alone. Reach out for a free case evaluation as soon as possible. Call us today at (888) 424-5757 or contact us online to discuss how we can assist you.

We also serve clients from Chicago, Elgin, Schaumburg, Springfield  and throughout Illinois.

Resources: [1] United States Coast Guard, [2] EMSA, [3] III