Simplifying The Jones Act For You
The Jones Act is immensely complicated. If you suffered an injury on a boat, you probably have a lot of questions about it. Fortunately, at Michael F. Guilford, P.A., we can answer them. Since 1997, we have provided high-quality legal services to injured people in Miami and across southern Florida. On this page, we have answered a few of our prospective clients’ most frequently asked questions about the Jones Act and how it affects them.
What are my rights under the Jones Act?
As a maritime worker injured on the job, you have the right to seek compensation for your injuries under the Jones Act. This includes the right to maintenance and cure, which covers your daily living expenses and medical treatment. You also have the right to sue your employer for negligence if they fail to maintain a safe working environment.
What is my case worth?
The value of your case varies based on the severity of your injury, where it happened, and your status as crew or passenger, among other factors. Each case is unique, and we determine your case’s worth by assessing your medical costs, lost wages, pain and suffering, and other relevant damages.
Where do I go for treatment?
You can receive treatment for your maritime injury from any qualified medical provider. Your employer does not have the right to force you to see a doctor they select. Immediate medical attention is crucial, so seek help at the nearest medical facility. Remember, your health is the priority.
Can I go to my own doctor?
Yes, you have the right to choose your doctor. However, this can be a double-edged sword. While seeing your own physician can provide comfort, it’s also important to understand that if your company’s doctor treats you, any malpractice claim may be more straightforward due to their liability.
If I go to a company doctor, can I see my own doctor as well?
Certainly, you can visit your own doctor in addition to the company’s physician. However, you might have to cover the cost of these additional visits out of pocket.
How do I qualify for Jones Act protections?
To qualify for Jones Act protections and compensation after a boat accident injury, you must be a seaman who spends at least 30% of your time as a worker on a vessel in navigable waters. Your job must contribute to the vessel’s mission, and the vessel must be in operation.
I work on a pleasure yacht; do I qualify for Jones Act protections?
Yes, crew members on pleasure yachts may qualify for Jones Act protections if they meet the criteria of a seaman under the act. We can help you determine if your employment situation falls under the Jones Act.
What is the process for arbitration?
Arbitration is an alternative dispute resolution (ADR) process where an arbitrator hears both sides of the case and makes a binding decision. It’s less formal than a court trial and can be quicker. If your employment contract includes an arbitration clause, we can represent you throughout this process.
How much time do I have to file a claim? What is the statute of limitations?
For injuries under the Jones Act, you generally have three years from the date of the injury to file a claim. However, if you are a passenger and the injury occurred on a cruise line, you typically have only one year to file a claim. It’s vital to start the process promptly to ensure you don’t miss these deadlines.
What is the deadline to file a claim for passenger-related injuries?
If you’re injured as a passenger on a cruise line, you usually have one year to file a lawsuit. For noncruise line cases, the statute of limitations may extend to three years. These time frames can vary, so we encourage you to consult with us as soon as possible after an injury occurs.
Learn More From A Jones Act Lawyer Today
If you have more questions or need assistance with a Jones Act claim, please contact us. Our team is ready to help you navigate through these challenging times and work toward the compensation you deserve. Please call us toll-free at 855-446-4995 or send us an email to set up your initial consultation.