From adverse weather conditions and slippery decks to fires and explosions, working aboard offshore vessels involves inherent hazards that can lead to catastrophic injuries and accidents. If you or someone you love suffered severe injuries while working on a maritime vessel, you could be entitled to compensation under the Merchant Marine Act of 1920, also known as the Jones Act. This federal statute offers vital protections for injured seamen.
Keep reading to learn essential steps to take after an offshore accident and find out how Terry & Thweatt, P.C.’s accomplished admiralty lawyer can help you fight for a full and fair recovery.
A Comprehensive Guide to Jones Act Eligibility Criteria
The Jones Act solely applies to seamen who meet specific criteria. You might be eligible to pursue a Jones Act claim if:
- A substantial amount of your job duties entail working on vessels on navigable waters, and you have a meaningful employment connection to the vessel (or fleet) in question and significantly contribute to its work.
- The accident or injuries occurred on navigable waters (oceans, rivers, lakes, and other waterways used for interstate or international commerce) or while working in service of a specific vessel or fleet.
- Your injuries resulted from employer, coworker, or third-party negligence or unseaworthy (unsafe and unfit for use) vessels or equipment.
- You suffered severe harm or financial losses as a result.
Protecting Your Right to Recover the Compensation
Offshore accidents can leave maritime workers with severe or life-altering injuries that require expensive, ongoing medical treatment and temporarily or permanently affect earning capacity. Taking the following steps can help you protect your right to pursue compensation in a Jones Act lawsuit.
1. Seek Medical Attention
Seek medical attention right away, even if your injuries don’t appear severe or life-threatening. Not all injuries cause immediate symptoms; prompt medical evaluation is essential to detect and address any underlying issues. Additionally, thorough documentation of your maritime injuries is crucial to support your claim for damages.
2. Report the Accident
Notify your employer (or the vessel owner) of the accident and ask them to create an official incident report. Request a copy of this report for your records.
3. Collect Evidence
Gather as much evidence as possible to support your claim. Take photos or videos of the accident scene, your injuries, and any equipment or vessels involved. Get contact information from witnesses who can provide statements about their observations.
4. Preserve Crucial Documentation
Save all medical records, bills, receipts, and other accident- and injury-related documentation and keep it together in a safe place. These documents are essential for building your case and calculating your damages.
5. Consult an Experienced Maritime Lawyer
Talk to a skilled admiralty attorney as soon as possible—ideally, before communicating with insurance adjusters or other parties involved in the accident. Jones Act cases entail complex laws and challenging litigation. Our seasoned maritime lawyer can help you understand and protect your rights, navigate the legal system, avoid costly mistakes, and recover compensation.
No One Fights Harder for Injured Seamen Than Houston Jones Act Trial Attorney Joe Terry
Pursuing a Jones Act claim can pit injured seamen and their families against powerful employers, insurance companies, and defense attorneys. Maritime trial lawyer Joe Terry delivers the tireless and highly skilled representation needed to level the playing field, safeguard your rights, and secure a fair recovery that provides for your needs.
A longtime fixture of the maritime and admiralty legal community, Terry made partner at one of the oldest maritime defense firms in Houston before venturing into private practice, founding Terry & Thweatt, P.C. with fellow attorney Lee Thweatt. Now, he uses his in-depth insight into how the other side of the aisle handles these claims to help roustabouts, derrickmen, able-bodied seamen (ABs), tankermen, crane operators, dynamic positioning operators (DPOs), subsea welders, toolpushers, offshore service vessels (OSVs) crew, and other eligible seamen recover the compensation they deserve.