An injured seafarer may be able to obtain compensation through the remedies afforded by the Jones Act. Because vessel crewmembers generally do not have a right to claim under state workman's compensation statutes, congress allows crewmembers to bring claims against their employers under the Jones Act. In order to prevail in a Jones Act claim, the crewmember must establish that there was fault. That is, the crewmember must prove that an unreasonable condition, act or failure to act caused his injury. If your injury arises from an assault by another crewmember, an incompetent captain, a highway accident while you are in the service of the vessel, a lack of adequate training, or faulty equipment, you may have a viable Jones Act claim entitling you to a monetary judgment.
The injured crewmember is often in a tough spot. Pain, rehabilitation and economic concerns make it hard to focus on choosing the right attorney. However, an attorney lacking maritime claims experience may not appreciate that an injured seafarer may have other claims available in addition to a Jones Act claim. John K. Fulweiler is both an experienced Jones Act maritime lawyer and an experienced mariner and he is always available to discuss your claim.
Underway and making way.
By John K. Fulweiler
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