Washington D.C. Jones Act Attorneys

Common Injury Claims Covered by the Jones Act

The Jones Act primarily addresses two categories of injury claims, negligence and unseaworthiness, each tailored to specific circumstances that maritime workers encounter.

Negligence Claims

Negligence claims arise when an employer's actions or failure to act results in worker injury. These claims require proving that your employer failed to meet their duty of care. Common examples of negligence include:

• Inadequate training or supervision of crew members
• Failure to provide proper safety equipment
• Unsafe work procedures or protocols
• Insufficient crew staffing
• Poor maintenance of equipment
• Failure to follow safety regulations
• Requiring work in dangerous weather conditions
• Excessive working hours leading to fatigue
• Lack of proper medical care aboard the vessel

To succeed in a negligence claim, you must demonstrate that your employer:

1. Had a duty to provide a safe working environment
2. Breached that duty through action or inaction
3. Directly caused your injuries through that breach
4. Resulted in actual damages or losses

Unseaworthiness Claims

Unseaworthiness claims focus on the vessel's condition and equipment rather than employer behavior. Vessel owners have an absolute duty to provide a seaworthy vessel, meaning it must be reasonably fit for its intended purpose. Unseaworthiness can manifest in various ways:

• Defective or poorly maintained equipment
• Insufficient or improperly functioning safety devices
• Lack of proper tools for assigned tasks
• Slippery decks or unsafe walking surfaces
• Inadequate guard rails or safety barriers
• Broken or malfunctioning machinery
• Insufficient lifesaving equipment
• Toxic substances or dangerous cargo conditions
• Incompetent or insufficiently trained crew members

Unlike negligence claims, unseaworthiness claims don't require proving fault. If a vessel condition contributed to your injury, the owner may be liable regardless of whether they knew about the unsafe condition.

Additional Considerations

Maritime workers should note that:

• Claims can often involve both negligence and unseaworthiness
• The statute of limitations for filing claims is typically three years
• Documentation and evidence gathering are crucial for successful claims
• Medical records and incident reports play vital roles in establishing claims
• Expert testimony may be necessary to prove causation and damages

Maintenance and Cure Benefits

The federal protections under the Jones Act provide for two essential benefits, maintenance and cure, to assist injured seamen during their recovery.

• Maintenance: Employers must cover living expenses for seamen injured while in service to their vessel. This assistance ensures basic costs for food, housing, and other necessary expenses are managed while you can't work. While the amount varies based on individual circumstances, it's generally a modest sum aimed at covering your immediate needs.
• Cure: Medical treatments and related expenses are covered until you achieve maximum medical improvement (MMI). Cure includes hospital bills, medications, rehabilitation services, and more. For instance, if you require physical therapy to recover from a machinery accident, these costs fall under the employer's cure obligations.

We understand how overwhelming injuries and their financial strain are. Our team has extensive experience managing these claims and ensuring injured workers receive the benefits they're entitled to. Contact our dedicated law firm in Washington, DC, if you believe you have a claim to pursue.

How Long Do You Have to File a Jones Act Claim in DC?

Filing a Jones Act claim in the District of Columbia requires adhering to strict legal timelines. The law mandates that claims be initiated within three years of the injury or its discovery, as per U.S. Code 46 § 30106. Missing this deadline often results in federal judges dismissing the claim entirely, which could forfeit your chance to seek rightful compensation.

Exceptions exist for injuries that are not immediately apparent. For instance, if you developed an occupational disease like mesothelioma or musculoskeletal disorders due to unsafe working conditions, the three-year period typically begins upon discovering the illness. Determining the start date for the statute of limitations in these cases can be complex, requiring an experienced law firm to analyze the facts carefully.

If workplace injuries or illnesses impair your livelihood, securing legal support early increases your likelihood of filing within the necessary timeframe. At Grossman Attorneys, we understand the intricacies of maritime law and are committed to guiding you through each step of this sometimes overwhelming process. If you have questions about whether you're within the law's time limits, reach out to us. We're here to assess your situation and provide experienced representation tailored to your needs.

Deadlines can impose additional pressure during already challenging times, but you're not alone. Call us if you'd prefer an experienced team to handle the legal complexities for you.