Texas Lawyers Provide Confidence and Legal Help For Injured Workers Facing Retaliation When Filing Jones Act Claims
State law provides many protections for maritime professionals to ensure they can file work-related injury claims without fear of retaliation. If your employer isn’t following legal guidelines regarding your rights and the Jones Act, contact Terry & Thweatt, P.C. in Houston immediately. Our attorneys know exactly what your rights are in Jones Act claims and will fight to protect them and your pursuit of justified injury compensation.
Legalities of Being Fired for Filing a Jones Act Claim
The Jones Act, also known as the Merchant Marine Act of 1920, is a federal statute that extends invaluable protections to maritime workers. It allows seamen injured during the course of their employment to seek damages from their employers due to unsafe workplace conditions, unseaworthy vessels, lack of personal protective equipment, insufficient training, and other negligent factors.
It’s illegal for employers to fire employees for filing a Jones Act claim. While Texas is an “at will” state—which means an employer reserves the right to release you from employment for any reason—retaliation, including termination, for asserting your right to a claim under this law is strictly prohibited.
How the Jones Act Protects Offshore Workers
If you’ve never had to file a maritime injury claim before, here are the different ways the Act safeguards your ability to maintain your employment and get the support you deserve.
Right to Compensation
The Jones Act grants seamen the right to sue their employers for personal injury damages. These economic and non-economic damages include, but aren’t limited to:
- Medical expenses
- Lost wages
- Pain and suffering
Unlike standard workers' compensation, the Jones Act requires proof of employer negligence, but it also offers broader compensation opportunities.
Maintenance and Cure
Under the Jones Act, injured seamen are entitled to "maintenance and cure" which covers daily living expenses and medical treatment until they reach maximum medical improvement. This obligation exists regardless of fault, ensuring that workers receive prompt necessary care.
Protection From Retaliation
As mentioned earlier, the Jones Act explicitly prohibits employers from retaliating against employees for filing injury claims. Retaliation includes any adverse action taken against an employee for engaging in legally protected activities. Since the Jones Act is the maritime equivalent of land-based workers’ compensation, filing a job-related injury claim qualifies as a protected activity.
When an employer terminates, demotes, harasses, or otherwise discriminates against a seaman for filing a claim, it’s considered illegal retaliation. The law aims to ensure that workers can report injuries and seek compensation without fear of losing their jobs.
How a Lawyer Can Help Protect Your Rights
The legal team at Terry & Thweatt, P.C. has your back and is ready to preserve your rights in the face of adversity. With us, you’ll receive comprehensive representation and gain the confidence you need to pursue a Jones Act injury claim after you’re hurt working in the maritime industry. Remember, the law is on your side, and taking the right steps can make a significant difference in the outcome of your case.
Here's how partnering with us can help:
- Experienced guidance. We offer stalwart legal counsel following a Jones Act or maritime injury. We get to work right away to build a strong case and protect your rights with actions such as:
- Gathering and preserving evidence
- Filing all necessary paperwork within the statute of limitations
- Representing you in court, if necessary
- Proper compliance. Filing a Jones Act claim involves specific legal procedures and deadlines. Errors can be costly and potentially jeopardize your case. A lawyer will look to prevent procedural errors by ensuring all necessary steps are followed accurately and timely.
- Protection against retaliation. One of the key intentions of any lawyer is to ensure your rights are being upheld. In the event of retaliation against a Jones Act claim, we might have to file a complaint with relevant authorities and pursue additional damages on your behalf.
- Maximized compensation. Our legal team accurately calculates your damages, handles all negotiations with your employer and its insurer, and prepares your case for trial if litigation is the only path to a fair settlement. These successful case results prove we’ll do whatever it takes to secure the financial recovery you deserve.
Practical Steps to Take When Facing Retaliation
When staring down the barrel of employer retaliation, it’s important to act promptly. So here’s what we advise you to do if you suspect this is happening.
Document It
Keep detailed records of any incidents of retaliation, including dates, times, and descriptions of what occurred. This includes conversations, paperwork, demonstrations of bias, and other actions. Save all emails, messages, and any other written communications that help support your claims, as they’re possibly critical case evidence.
Report It
Notify the head of your human resources department and other supervisors in writing about the retaliation. Doing so creates a formal record of your complaint and shows that you’re taking the issue seriously. Be clear, concise, and thoroughly detailed in your report, making note of specific actions you consider retaliatory.
Be Professional
If you’re able, continue to perform your job duties to the best of your ability. Demonstrating professionalism strengthens your case and shows that any negative actions taken against you are unwarranted. Stay calm and collected, focus on your work, and allow a member of our firm to handle the legal aspects.
Since 2008, personal injury attorneys Joe Terry and Lee Thweatt have helped numerous clients just like you successfully navigate legal battles against wealthy companies and their high-powered corporate counsel, ensuring they receive the justice and compensation they deserve.