Know Your Rights as a Seaman

Posted by: rzehl
May 22, 2008
Topic: The Jones Act

Seamen have many important legal rights when injured at sea. However, because many seamen are unaware of their rights, they often end up receiving inadequate medical care and support once they are sent back to land. Ship owners, anticipating this lack of Jones Act knowledge, often abandon seamen during their time of need knowing that most will never defend themselves legally. For this reason, it is imperative that seamen know their rights and at least some basic Jones Act law in order to avoid being hung out to dry. Many seamen just assume legal representation will cost too much, not realizing that many Jones Act lawyers will work with their clients on a contingency basis. In essence, the client pays only a percentage of any damages recovered. If the claim fails, you pay nothing.

In case of an accident at sea, a seaman may be entitled to certain protections under United States law. These can include maintenance (food and shelter), cure (medical care), wages and possibly, if ship-owner negligence was a factor, lost future wages resulting from the injury.

When an accident does take place, there are a few important things that should be done to help bolster your claim to damages under the Jones Act. First of all, the accident should be immediately reported to your supervisor. Make sure that the incident is properly recorded or logged. Also, request medical attention and take note of the names of the doctors and nurses that treat you. Don't forget, however, that you are not required to see a company doctor. Obviously, since these doctors work for your boss, they are not on your side. Second, make sure to get the contact information of any witnesses onboard. Also, if possible, take a photograph of the accident site and of any other conditions present on the vessel that may have contributed to your injury. Lastly, do not sign anything until after you have consulted an experienced maritime attorney. Unfortunately, some ship-owners will attempt to get you to sign away your rights.

If you are unable to continue working because of the injury, don't do anymore labor. This could further aggravate the injury. Instead, immediately notify your employer of the situation and include the name of the doctor that advised you to stop working. Also, make sure to ask for immediate financial assistance to cover daily living expenses while your treatment is ongoing.

In addition, be wary of your employer trying to get you off the ship before you are ready to be moved. Do not agree to go anywhere until you have spoken with the doctor and he has given you the all clear to go ashore. Also, ask the doctor about any further medical care that, in his opinion, you may require as well as his advice on any travel or activity restrictions you should abide by.

Web Resources

Houston Jones Act Attorney
Houston Car Accident Attorney
U.S. Courts
United States Chamber of Commerce
FirstGov
Library of Congress
Yahoo!Legal Blog Directory