Maritime and Jones Act Information

Hey Rick,

Just wanted you to know that I got your note and did a little checking. Tell your mate that there is a statute of limitations for him to be able to file a claim in a Jones Act Case.

From what I found out, most of the time the statute of limitations is only 3 years from the date of the injury - and it is the same whether there is a claim of unseaworthiness against the owner of the vessel or not. However, there are some exceptions to the rule. For example if your mate was on a vessel that was either owned, operated or contracted by the federal government of the U.S. - except in that case, the news isn’t good. The statute of limitations is usually less under those circumstances.
No matter what the employer has told your mate about not needing a lawyer and them taking care of his maintenance and cure, he should contact a qualified Maritime Jones Act Attorney right away. It sounds to me like they’re just yanking his chain, waiting for the time limit to run out.

Let me know how things turn out. Glad to hear that things are looking up for you and Angie. I’ll be in touch.

Hi Rick,

You asked me to find out if pain and suffering can be included in your legal damages claims, and from what I’ve found out, the answer is yes.

However, it’s impossible to put an exact dollar amount on how much you might expect to recover for physical and mental pain and suffering and loss of function.  According to the law, pain and suffering are considered the same thing - kind of a single unit when it comes to legal terminology.  Physical and mental pain and suffering includes both physical pain, suffering, discomfort or loss of function.  Mental pain and suffering includes anything from mental anguish and suffering to loss of enjoyment of life, depression, etc.

You have the right to ask for recovery for both physical and mental pain and suffering - for what you’re going through since the accident, right now and into the future. (That’s why cash settlements for maritime jones act injuries can be so high).  And if your injuries continue to be so significant that the resulting loss of function continues - (by the way, this includes body and mind), then you are within your rights to seek recovery for that loss - for both the present and the future pain and suffering.

Mental Pain and Suffering

According to my research, if the injured seaman (you) isn’t able to enjoy the things that you used to enjoy - or if you continue to worry about how you’re going to pay your bills and keep your house, or if you get depressed, etc., then you may be awarded monetary compensation for the mental pain and suffering (also called anguish).  This can include physchological injury, emotional trauma, loss of love or affection or even embarrasment that is a direct result of your injury. And it also includes compensation for the loss of previous activities - for example, since you can’t play basketall any more, that counts.

So does being worried about your house payment, not being able to cover all the bills, etc.  Under the Maritime Jones Act, you deserve compensation for those things.
Disfigurement

Oh, one more thing.  According to my research, disfigurement - since it happened in the accident, is another thing that you may be qualified to ask for damages for.  It was intended to compensate you for any embarrassment you feel because of the way you look since the accident.  Now depending on how your maritime jones act attorney decides to handle your case - for example the disfigurment claim could be lumped in with your mental pain and anguish, or it may be listed as a separate element of the entire damages award.  According to the law, this can include scarring, loss of limb, changes in vision or hearing or any other physical changes that have altered the way you see yourself.

Hope that answers your questions.  I’ll be in touch with more later.

Talk soon!

Hey Rick,

I’m about to turn off my computer mate, but I just wanted to wish you and Angela “Merry Christmas” and Happy New Year! Hang in there man - it’s dark right now, but there’s a light at the end of the tunnel!

I’ll be back in touch after Christmas and prepare to hang on to your hat! I’ve been researching maritime law attorneys and you won’t beleive some of the dirt I’ve been able to dig up! Whooeeee! It’s gonna blow your mind!

I think it’s going to make you very happy. And stay away from the pool.

More later, Happy Crhistmas man!

Hi Rick,

In answer to your question, no DON’T SIGN ANYTHING until you’ve talked to your maritime injury lawyer first!  I understand your concerns, especially after they told you that if you didn’t sign the release form that you would be responsible for your own medical bills.  But the truth is, maritime law itself is very complicated.  And the laws that relate to your injuries and treatments are all the more so, because you could end up signing away your rights to receiving a settlement.

If you’re really worried, use the excuse that it’s Christmas, and that you’ll get back to them next week.  In the meantime, I’ll start doing some more research into the different maritime injury attorneys that are in your area, as well as the ones that can legally practice maritime injury law where you’re at.

I’ll also put together some questions for you to ask the maritime injury attorneys before you meet with each one.  That way, you’ll be able to find the right lawyer for you.

Seriously, I don’t think anything is going to happen between now and next week anyway - so don’t stress too much over it.  It may just be a pressure tactic, to try and get you worried and not thinking clearly.

Have a good Christmas and don’t worry.  It’s going to work out.  I know there are some really good maritime injury attorneys who’ve had success winning big settlements for people in your situation.

Take care and I’ll be in touch.

Hey Rick,

Okay, so now let’s go over what you can expect during the compulsary medical exam. The physical examination will probably be pretty similar to other physical exams you’ve had in the past, although it depends on your injuries. The usual procedures include:

• blood pressure check
• height and weight
• checking your heart and lungs with a stethoscope
• testing reflexes

Other procedures in the compulsary medical exam may include a general observation of what is considered normal or restriced movements while you walk, sit, stand up, and take off or put on clothing. (This is usual very subtle and is often done without the patient even being aware of it - and to some extent, it’s going to be subjective, based on what information the insurance company has already given the doctor about you.)

The doctor may also look at xrays, EEGs, EKGs and the results of other tests done at an earlier time. In your case, he may also want to check for the range of motion on your arm and other limbs. There are two types of range of motion tests. The first, called passive range of motion is where the doctor will move your arms to see how the movement has been affected by the accident. The second type, called active range of motion, is where he’ll ask you to move them. (Note: Either way, if something hurts when it’s moving, make sure you tell the doctor - and if it really hurts, then stop moving it! Don’t try to show how brave you are or how high of a pain threshold you’ve got. Save that for your friends and family - let them be impressed. At your compulsary medical exam, the doctor is only going to note down that you could move your arms, not that you were obviously suffering while you did so.)

The doctor may also order other tests - more xrays, ECGs (Electrocardiogram - used to detect heart problems such as heart disease, arrhythmia, murmurs, etc.), EEGs (Electroencephalograms - to test brain activity), psychological tests, blood tests,MRIs (a kind of CAT Scan). So again, before you go to the compulsary medical examination, make sure that you check with your maritime law attorney to see what sort of tests to expect and if you should refuse to undergo any tests. Also ask your attorney whether you’re required to allow x-rays, blood tests, etc.

Now something else I want to mention - as surreal as it’s going to sound - the actual compulsary medical exam begins from the moment you step outside your door to head for the appointment. And it’s not going to be over until you’re back home. Why? Because you’ll be observed from the moment you reach the clinic for your compulsary medical exam - someone could be watching as you drive into the parking lot, climb in or out of your car, walk towards or away from the building, etc. And sadly, it’s not unheard of for the insurance company to have someone filming you during this time! (Can you believe that nonsense?) Again, you’re not a human being, you’re a cost of doing business expense. So just pay attention to what’s going on around you.

After your compulsary medical exam, make sure you contact your maritime law attorney, to let him know how the exam went.

I hope this information proves useful to you. Good luck with it. Hey, by the way, send me an email when it’s over - I’d be interested in knowing your impressions of the compulsary medical exam process.

Hi Rick,

I found some interesting articles on Wiki - the online encyclopedia that I thought you might want to read what it says about the Jones Act.

Here’s the link: http://en.wikipedia.org/wiki/Jones_Act_(sailor_rights)

Let me know what you think…

Oh, and by the way, what you were told about the Jones Act being suspended after Hurricane Katrina - the “at the time” Homeland Security Chief Michael Chertoff temporarily waived a portion of the act to allow foreign vessels to help transport goods after Hurricane Katrina.  As far as I could tell, he didn’t suspend the entire thing.

Send me more information about what you were told exactly, and I’ll see what I can dig up.  Of course, when you set up an appointment with your maritime law attorney, he or she will be able to completely advise you!  Remember, I’m not a lawyer and I don’t play one on TV…all of this is just for your information, to help you make an informed decision, because your situation is very complicated!

Anyway, just send me whatever you know, or were told, and I’ll check further.

By the way - Happy Holidays!  Give your mom a kiss for me, and tell her I miss her chocolate chip hazelnut cookies. (And that yes, care packages are accepted…)

Hey Rick,

Thanks for the email, mate! Listen I just wanted to let you know that I’m doing some checking into maritime Law Lawyers. I spoke with an attorney who practices business law, and from what he said, Maritime law is really complicated. You can’t afford to pick someone who doesn’t understand maritime law inside and out.

More than that though, you need to choose someone who’s an experienced litigator in the event that your case goes to court. And also, you need someone who has a good track record of negotiating and winning with this type of case.

And you also want to look at what the costs are, how they take their fees and what their cut is.

Let me do some checking to see if I can find some recommendations for you about specific maritime injury law firms, and then I’ll let you know! In the meantime, keep your chin up!

Hey Rick,I thought you might want to take a look at the actual wording of the Jones Act law, so here it is:

Merchant Seaman Protection and Relief 46 USCS Appx § 688 (2002) Title 46. Appendix. Shipping Chapter 18.

(a) Application of railway employee statutes; jurisdiction. Any seaman 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 of 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; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.

(b) Limitation for certain aliens; applicability in lieu of other remedy.

(1) No action may be maintained under subsection (a) or under any other maritime law of the United States for maintenance and cure or for damages for the injury or death of a person who was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action, if the incident occurred—

(A) while that person was in the employ of an enterprise engaged in the exploration, development, or production of offshore mineral or energy resources–including but not limited to drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces; and

(B) in the territorial waters or waters overlaying the continental shelf of a nation other than the United States, its territories, or possessions. As used in this paragraph, the term “continental shelf” has the meaning stated in Article I of the 1958 Convention on the Continental Shelf.

(2) The provisions of paragraph (1) of this subsection shall not be applicable if the person bringing the action establishes that no remedy was available to that person—

(A) under the laws of the nation asserting jurisdiction over the area in which the incident occurred; or

(B) under the laws of the nation in which, at the time of the incident, the person for whose injury or death a remedy is sought maintained citizenship or residency.

Dear Rick,

I was sorry to hear from Angela that things aren’t going so well for you. I’ve continued doing some more digging, and thought you might find this information interesting:

Apparently if you file for Worker’s Compensation - or any other types of injury claims, you might end up forfeiting your rights to damages under the Maritime Jones Act! That’s why it’s so important to speak to a competant and experience Maritime Lawyer before you take any action.

So far, what I’ve found out is that benefits under the Jones Act include what is called “Maintenance” and “Cure”. “Maintenance” means is that you’re given a daily stipend while you’re unable to work. From what I’ve found out so far, the amount you receive can vary. “Cure” includes having all all your medical care, doctors visits, hospitalization and prescription drug costs covered.

Now here’s where it gets interesting. While the maintenance money you’re given is smaller than what you’d get if you were receiving Worker’s Compensation, with Worker’s Compensation cash settlement amounts are relatively small, because of legislation passed by individual states - and there are some damages that you waive your rights to being able to claim, if you file Worker’s Comp.

Because the Jones Act is a federal law, you’ve got the potential of receiving a very high settlement - especially if you can show that there was the slightest bit of negligence involved, or unseaworthiness of the ship. (Which certainly appears to be the case from what you’ve said in your email.)

You mentioned something about the Longshore Harbor Worker’s Act. Be careful about making claims under either it or Worker’s Compensation, because from what I’m discovering, you can lose your rights if you claim benefits under either program.

Also, although your employer assigned you a rehab nurse, I’d be careful about doing anything until you’ve talked to a good maritime injury lawyer. I mean I think it’s great that your employer is concerned about you, but who is she really working for? I’m sure one of the owner’s main concerns has to be to minimize their losses - or potential losses. No matter what she’s telling you, find out everything you can about your legal rights and make sure that you’re making all decisions fully informed.

I’m not done doing research - maritime law is very complicated, so just hang in there a little bit longer, and I’ll keep sending you information as I find out more!

D

It’s easy to be confused by who is covered by what.  Some people - like a recent client of mine, was surprised to find out that he was covered by the Jones Law - which he only found out when he applied for worker’s compensation, after being injured.

He asked me to do some research, and get more information.  I learned that it’s actually a good thing to be covered by the Jones Act - for one thing, settlement amounts can be higher than other types of on-the-job injury settlements.  Sometimes significantly higher.

But there are drawbacks, too.  In fact, from what I found out, one of the biggest disadvantages to being covered under the Jones Act, is that the weekly checks are much lower.

Something else I discovered that I thought was interesting is that offshore workers on drilling rigs and workers on production platforms are often covered by the Jones Act as well.  There have been some other recent changes in the laws as well.  For example, the protection extends to workers on barges who don’t live on board, workers who are staying in hotels as they travel from one work-related location to the next (even if you’re traveling by land), and in some cases, even someone who dies as a result of their work. (As I continue to do research, I’ll let you know more).

When I read that, I couldn’t help thinking about Steve Irwin - you know, the Crocodile Hunter.  I wonder if his death would have been covered by the Jones Act?

Something else that I thought was “about time” with this law is that a new court ruling means that “economic damages” no longer applies.  It used to be that if a maritime worker had no one who was financially dependent upon them, then his life had no settlement value.  Isn’t that crazy?  I mean, even if we’re single, with no family, our lives still have value to us, right?  Anyway, I was glad to see that the courts have corrected what amounted to a stupid and outdated law.

By the way, if you were previously covered under the Longshore Harbor Worker’s Act, if you work on a boat, barge, ship, fishing boat, casino boat, charter boat, tanker, cruise ship, container ship or basically any type of vessel that has the name “boat” or “ship” in it, then you might be covered by the Jones Act.  But to find out for sure, and to make sure that you’re protected and receiving all the help you’re entitled to if you’ve been injured, it’s important that you talk to an experienced Maritime Lawyer.  And, as with any accident case, don’t sign ANYTHING or talk to your employer, an insurance representative or anyone else until you’ve talked to an attorney.

What is the Maritime and Jones Act?

The Jones Act is a law that was enacted by Congress to provide protection to people (seamen) who are members of a crew of a ship or vessel. The term “seman” also defines anyone who works on an Offshore Oil Rig, Motorized Platform, Jackup rig, semi-subersible ship or rig, Stationary Production Rig, Barge, Dredge, Floating Crane, Drill Ship, Towboat/Tug Boat, Cargo Ship, Chemical Ship, Research Vessel, Diving Boat, Construction Barge, Lay Barge, Private Yacht, Charter Boat, Cruise Ship, Riverboat Casino, Shrimp Boat, Fishing Boat, Trawler, Tanker, Ferry, any type of Crew Boat, Water Taxi, and any other moveable structure or vessel on navigable waters which includes intra-coastal waterways, lakes, bays, rivers, and canals. Divers and other underwater personnel can also be covered by the Jones Act.

The Jones Act 46 U.S.C. 688 (1970) has to do with the liability of vessel operators and marine employers for the work-related injury or death of an employee. Because it is a federal cause of action, it means that all seaman’s injuries in the U.S. have to follow the same standards of liability. So, if you’re working for a company on one of the above types of boats or rigs in navigable water - and you’re injured, you have a remedy against your employers if you can show that the injury resulted from negligent acts by your employer or co-workers while you were employed for them. (Which means to win your claim you have to be able to show that your employer or a co-worker did something unreasonable or failed to perform a reasonable act that would have prevented your injury.) Claims made under the Jones Act can also be directed towards an employer if a dangerous condition existed which made the vessel unseaworthy.

If this sounds like you, you might want to find a maritime injury lawyer or Jones Act Attorney right away to discuss your case, because unluckily, time is your enemy. You face specific deadlines for being able to file a claim, and the clock starts ticking right away.