An injury can be detrimental to a mariner and his or her family, financially and emotionally.

 

​It is important to understand that Jones Act mariners do not get workers' compensation after an injury at work.  Instead, their right to compensation is provided under the Jones Act to provide compensation to injured deckhands.  

 

​The critical difference between Workers Compensation and the Jones Act is a deckhand must prove negligence or unseaworthiness to establish a claim against their employer, whereas workers compensation claims do not require showing fault.  This is a critical difference to understand because mariners should avoid needlessly admitting fault after an incident if pressured by their company or insurance adjuster. 

 

Once negligence is established, mariners can recover damages in excess of those recoverable under workers' compensation schemes.

 

​Specifically, the Jones Act allows injured deckhands to recover past lost wages, future lost wages, pain and suffering, and lost benefits. This damage often can be significant in terms of dollar amount. Vessel owners and insurance companies may take immediate steps to try and limit your damage claim through various tactics that they have successfully utilized for the last 50 years.  This includes taking a detailed recorded statement from a deckhand in distress and pressuring the deckhand to accept responsibility for his injury without first talking to an experienced maritime lawyer.

 

​Mariners should be aware that vessel owners and insurance companies engage lawyers as soon as they are injured on the job to help facilitate the objective of limiting the amount of money you are able to recover from the company. The best way to counter these efforts is to promptly speak to a maritime attorney about your rights under the Jones Act and general maritime law.