Don’t be Fooled by Employer Offers of Salary Continuation. You may Unknowingly Limit Yourself
to a Much Smaller Jones Act Settlement
Why You Should Talk to a Jones Act Lawyer
You need to call a Jones Act Lawyer as soon as possible after an injury. Do not wait to contact a Jones Act Lawyer or you will regret it. Your employer may require you to see a company chosen doctor but, you should switch to another doctor who is not connected to your employer, for obvious reasons. First, company connected doctors will minimize your medical treatment and the extent of your injury. That’s why employers insist that you go to their doctors. A Jones Act Lawyer can help you choose a doctor who will not be connected to or obligated to your employer. The Jones Act Attorneys at the Ogletree Abbott Law Firm will look after your interests just like your employer looks after their interest. Don’t make the mistake of thinking that your employer or their insurance company is also looking out for your interest. There is an obvious conflict of interest between your interests and the employer’s interest. Call a Jones Act Attorney at 1-800-JonesAct today to find out your rights and to get common sense information about Jones Act claims.
Free Jones Act Information
The Jones Act Lawyers at the Ogletree Abbott Law Firm are nationally recognized Jones Act Lawyers that represent injured Jones Act workers all over the United States. We are number one on the Internet and our senior partners Bill Ogletree and William C. Abbott literally wrote a book on the Jones Act which is available on Amazon.com and is available as a free eBook here on 1 800 Jones Act. Our Jones Act Lawyers have the highest Martindale-Hubbell ranking of AV and always put the interests of our clients above all else. More importantly, our Jones Act Attorneys are easy to talk to and always willing to answer any Jones Act question and discuss your personal situation. Our Jones Act Attorneys stand ready to quickly provide help to you and your family. Call us today at 1 800 Jones Act or use our Live Chat feature where you can type in questions and receive an immediate typed response from one of our Jones Act Lawyers.
What You Should Know About the Jones Act
The Jones Act is a Federal law that regulates shipping, and therefore, job injuries involving “vessels” which are covered under the Jones Act. “Vessels” includes offshore drilling rigs including jack-up drilling rigs, semi-submersible drilling rigs and drill ships. Boats, ships, barges, tugs, crew boats, supply boats, cruise ships, container ship, container ship, fishing ships and boats and even helicopters have been held to be “vessels” under the Jones Act. The Jones Act got it’s name from U.S. Senator Wesley Jones who sponsored the bill. The Jones Act has been amended many times and was recently re-codified. The recent re-codified Jones Act is available for viewing, search and download on 1800JonesAct.com.
To be covered under the Jones Act a worker must be an individual (except scientific personnel, sailing school instructors, or sailing school students) engaged or employed in any capacity on board a vessel. 46 U.S.C.S. 10101(3). Because the Federal Employees Liability Act governs the Jones Act, the statute of In determining when claims accrue for the purpose of statute of limitations of Jones Act, the court applies either the “time of event” rule, under which a cause of action accrues when harmful event occurs, or “discovery rule,” under which cause of action accrues when plaintiff discovers or should have discovered both injury and its cause. limitations for a maritime injury suit is three years from the date of the incident. 45 U.S.C.S. 56.
The Jones Act generally provides:
According to 46 U.S.C.S. 10101(3), a seaman is an individual (except scientific personnel, sailing school instructors, or sailing school students) engaged or employed in any capacity on board a vessel.
Because the Federal Employees Liability Act governs the Jones Act, the statute of limitations for a maritime injury suit is three years from the date of the incident. 45 U.S.C.S. 56 (2002).
In determining when claims accrue for the purpose of statute of limitations of Jones Act, the court applies either the “time of event” rule, under which a cause of action accrues when harmful event occurs, or “discovery rule,” under which cause of action accrues when plaintiff discovers or should have discovered both injury and its cause. Armstrong v. Trico Marine, Inc. 923 F.2d 55 (1991).
The Jones Act is comprised of the following sub-sections (summarized and paraphrased):
46 U.S.C.S. App. d 688(a): A seaman is entitled to recover damages at law (i.e. money) if he is personally injured during employment and he can elect to have a jury trial. All statutes modifying or extending the common-law rights and remedies in cases of personal injury to railway employees will apply. (see F.E.L.A. at 45 U.S.C.S. d 51-6 (1939).
If the seaman is killed, his personal representative may bring a Jones Act suit where he may recover money damages and have a jury trial. All statutes regulating such causes of action for railway employees will apply. Jurisdiction is the residency of the defendant employer or the locality of his principle place of business.
(b): Limitation for certain aliens; applicability in lieu of other remedy:
(b)(1): Jones Act cause of action will not be maintained unless the seaman is a U.S. citizen or a permanent resident alien at the time the incident occurred.
(b)(1)(A): Jones Act cause of action will not be maintained if the plaintiff was an employee of a business which explores, develops, produces offshore mineral or energy resources including: drilling, mapping, surveying, diving, pipe-laying, maintaining, repairing, constructing, transporting supplies, equipment, or personnel.
A cause of action can be maintained for those seamen injured transporting those resources or by a vessel constructed primarily to carry oil in bulk in the cargo spaces.
(b)(1)(B): A cause of action will not be maintained for incidents which occur in waters overlaying the continental shelf of a nation other than the U.S., or in its territories, or possessions.
(b)(2): A plaintiff may still bring a cause of action although he was prohibited under (b)(1) if he can establish that no remedy was available to him–
(b)(2)(A): –under the laws of the nation which has jurisdiction over the area of the incident.
(b)(2)(B): –under the laws of the nation which during the time of the incident, the Plaintiff maintained citizenship or residency.
Why Jones Act Claims Are Superior to Workers Comp ClaimsJones Act claims are distinctly different from Workers Compensation injuries and Longshore Compensation claims. If you work on a ship, boat, barge, fishing boat, or any term that contains the word boat or ship, you are likely covered by the Jones Act. If you work on an offshore drilling rig you are most likely covered by the Jones Act. If you work anywhere in the water or near the water, you might be covered by the Jones Act. Workers who previously were classified under the Longshore Harbor Workers Act may now be covered by the Jones Act.
Do not assume that you are covered by Workers Compensation, Longshore Compensation or any other law until you talk to one of our experienced Jones Act Lawyers in Houston, TX. Do not listen to your employer, their insurance company or their doctor. Do not listen to anyone about the law except an experienced Jones Act Lawyer. Call the Ogletree Abbott Law Firm at 1 800 Jones Act and let us quickly tell you if you have choices and what each choice will mean to you as to medical care, weekly checks and your settlement.
It’s not just about the money; it’s about your health. You should not settle for a company doctor or HMO type doctor when we can help you to get the best available medical treatment and make your employer pay for every penny of it. Good medical care could mean the difference between going back to work or being partially or totally disabled. We know the best doctors all across the country. Use our experience in this most important decision.
Ask Jones Act Questions Before You Make Mistakes
We invite you to call us at 1-800-JonesAct and speak to one of the Jones Act Lawyers at the Ogletree Abbott Law Firm. There is no cost or obligation to call and speak with us about your situation. There are no bad questions. You don’t even need to a ask a question because we can explain the basics of Jones Act law to you and point out some things that you need to know. Please do not worry about talking to a “Lawyer”. We come from blue-collar homes and worked our way through college and law school. We promise that your visit with us will be a pleasant and meaningful experience. You will certainly learn things that will be helpful to you. Everything that we discuss will be kept confidential. Please call us today and let’s visit about your situation, your concerns and what you need, right now, not tomorrow. Thank you for visiting our website and know that we are ready to help you in every way that we can.