Jones ActJones Act Legal Advice in Alaska, Washington, and OregonMaritime Injury and Wrongful Death AttorneysMost maritime accident claims involve legal protections provided by the United States government. The federal law known as the Jones Act ( 46 App. U.S.C.A. § 688 - Recovery for injury to or death of seaman) applies to cases involving negligence on the part of a ship owner or other liable parties. At Beard Stacey Trueb & Jacobsen, LLP, we apply a thorough working knowledge of the Jones Act and other legal protections in our pursuit of compensation for maritime injury clients. To learn about our work on behalf of North Pacific seamen and their families please view our settlements and verdicts page. For legal advice regarding the Jones Act and other admiralty law matters, contact our Seattle and Anchorage maritime law offices. Offshore personal injuries • Maritime wrongful death • Vessel sinkingsWe represent the interests of offshore workers who make their living on crab boats, seiners, factory trawlers, oil platforms, and commercial fishing processors. Our Jones Act lawyers take on ship owners and major insurance companies in maritime accident claims involving state and federal law. We provide an effective voice for seamen and their families after serious accidents and drownings. If you have suffered injuries at sea and have questions about your rights to a damage settlement, contact an experienced maritime law attorney. Call Beard Stacey Trueb & Jacobsen, LLP, toll free at 1-800-273-4743. Maritime Personal InjuryOn these pages of our Web site, we provide some general information on what is involved in a maritime personal injury case, what the law provides, and we outline the facts of a couple of our cases to illustrate the concepts. For advice on common problems faced by injured seamen/fishermen, go to our "Frequently Asked Questions" or Content Page"What Do I Do If Injured At Sea". There are four main categories of individuals injured at sea or in maritime settings: Seamen/fishermenMost of our legal cases involve seamen. A seaman is a worker who works most of the time on a vessel or fleet of vessels doing the vessel's work. The most familiar examples of seamen are:
However, seamen could also include cooks on boats, police harbor patrolmen, fire fighters on fire boats, dredge workers, oil rig workers, barge tenders, watchmen. Even a musician and waiter on a passenger vessel could be a seaman. Law of Seamen/FishermenThere are no workers' compensation benefits or laws for an injured seaman or fisherman. Rather, the law that governs personal injuries to seamen and fishermen is known as the Jones Act and general maritime law. Jones ActThe Jones Act allows a seaman to bring a claim against his or her employer for the negligence that caused the injury. Some of these negligent causes include:
Representative case:A couple of years ago, we represented a young man hired to work as a deckhand on a crabber. The "greenhorn" is usually assigned the task of chopping bait and baiting the pots. Our client had worked 4 days of 18-20 hour shifts. On the fourth day, the bait chopper became plugged-the bait would not drop out of the bottom. Our client stuck his hand into the bait chopper trying to loosen the plugged up glob of bait. The machine was still running. The blades in the bait chopper severely injured his hand. We argued that the employer was negligent for (1) failing to properly teach this young seaman how to unclog a plugged bait chopper; (2) failing to allow the crew enough rest; and (3) failing to have a bait chopper with a shut off switch close by the machine. The insurance company paid our client approximately $2 million. General Maritime Law and UnseaworthinessIn addition to the Jones Act, the seaman and fisherman can also bring claims for "unseaworthiness." If the vessel or its equipment is not "fit" or if the boat or her equipment is defective in some way, then the vessel may be unseaworthy. Examples of unseaworthiness:
Representative case:A seaman on a barge was paying out the wire on an anchor winch. When he got close to the end of the wire, the bitter end of the wire came undone from the spool, whipped around the spool and struck the seaman in the head. He eventually died from his injuries. We argued that the barge was unseaworthy because the wire should not have let go from its moorings on the spool. We argued that the barge was not "reasonably fit." The insurance company paid the seaman's widow approximately $3 million. Money Damages / Compensation for Personal InjuresIf the negligence of the seaman's employer or his fellow employees injured the seaman, or if the "unseaworthiness" of the boat injured a seaman, then the seaman can recover money damages. There is no limit or cap on these damages. We would be pleased to answer all your questions about the amount of money you may be able to receive following your injury. We offer a free initial consultation. Contact us by using this link or call our toll fee number 1-877-DECKLAW (1-877-332-5529) and speak to one of our experienced attorneys. By way of a general outline, the following is a list of damages that may be recovered in a Jones Act (seaman, fisherman) case:
There are, unfortunately, several lawyers out there who will "guarantee" a result. There are no guarantees in the legal business. However, what we can do is bring our many years of experience to the table in our evaluation of cases. Our lawyers are not only experienced on decks of vessels, we are experienced in the courtroom. Before going to law school, most of our lawyers were involved in commercial fishing or seagoing work. Some of our attornies have practiced maritime law since 1982. Jury Trial or Judge Trial; State Court or Federal CourtAs we mentioned above, the seaman and fisherman have many favorable laws that help them after an injury. For instance, the seaman has the exclusive right to demand a jury, if he/she wants a jury to decide the case. The employer or ship owner cannot demand a jury. Sometimes, we would rather have a judge decide a case. There are many reasons for this, but some cases are better off in front of a judge rather than a jury. Moreover, the seaman or fisherman can choose to have his or her case tried in State Court or Federal Court. Again, there are sometimes facts in a case that dictate one choice or another. For instance, in State Court in Alaska, the winning party may collect a percentage of attorney's fees. In other words, a court may order the losing party to pay a percentage of the winning party's attorney fees. In a case of strong liability, filing in Alaska State Court can add to the damages that the insurance company must pay. Insurance CompaniesMost cases that involve an injury to a seaman or fisherman also involve the boat owner's insurance company that will pay for the damages following an injury. The insurance company usually appoints an "insurance adjuster" to handle your case. These people are skilled at their job, which is to protect the insurance company. Most often, insurance adjusters do an initial investigation as to how the accident happened. They will take statements from witnesses. They will also handle your medical bills and any benefits (maintenance). Their job is to take steps to minimize the amounts that the insurance company will have to pay. Insurance adjusters are not your friend. Do NOT provide them with a recorded or taped statement. They are skilled at getting you to say things that may be detrimental to your case later. Feel free to call us if an insurance adjuster "demands" that you provide a recorded statement-you do not have to. In most cases, the insurance company makes all the major decisions about settling your case. Some fishermen and seamen think that bringing a lawsuit will take money from their employer's pocket. While multiple claims may affect rates, most often the insurance money will pay for your injury damages. After all, that is why the boat owner bought insurance-to pay for your injuries. We know how insurance companies operate and how they think. We have been dealing with the maritime insurance companies for nearly 25 years. Insurance companies are motivated by only one thing-saving money. You should be represented in order to get what you are owed. Workers' CompensationAs we mentioned above, fishermen are not subject to worker's comp. There is one narrow exception. Fish processors who work on factory ships or barges while moored within three miles of Alaska are subject to both the Jones Act and Alaska State comp. If you are such a worker, you have a choice between both the Jones Act and Alaska State Compensation. These workers are really the only exception. Except for this group of workers, all other seamen and fishermen are subject to the Jones Act. There are big differences between the Jones Act remedies and the Alaska State Comp benefits. Feel free to call us if your employer has placed you on workers' comp. You may have better benefits under the Jones Act. |
Free initial consultations • No Fee If No Recovery
Free initial consultations • No Fee If No Recovery
1-877-332-5529
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