The Jones Act provides protection to persons who are members of the crew of a vessel. This law applies to inland river workers, as well as to offshore workers who work on jackups, semi-submersibles, lay barges, drill ships (or other floating movable structures), tugs / towboats, crew boats, tankers, cargo ships, fishing vessels, chemical ships, research vessels, diving vessels and cruise and recreational ships.

Don't make the mistake of thinking that a Maritime Law case is a workers' compensation case. Workers' compensation laws are passed by the various states with relatively small cash settlements. The Jones Act is a federal law involving very high cash settlements if the slightest negligence is involved. Injured workers that could be covered under this law should be careful about making claims under workers' compensation or the Longshoremen-Harbor Workers' Act. It is possible to lose rights if the worker elects benefits under other laws. If you have mistakenly made a claim under the wrong law, call us immediately to see if we can put things right.

Some employers will attempt to discourage workers from obtaining information about their legal rights and will try to get workers to file claims under workers' compensation instead of the Jones Act. If an employer is unwilling to fairly compensate Jones Act workers, a lawsuit can be filed in federal district court seeking damages; however, most cases are settled prior to trial. Settlements in maritime law cases can be significant and the law complex. Injured workers should consult with us early in the case and be aware of the employer's desire to minimize their losses.

There are also strict time deadlines that apply which may prevent you from bringing your claim if they are not met. Depending upon where the accident happened and what law applies, the deadline can be one to three years from the date of the accident to file a lawsuit. Moreover, to preserve certain claims, you may need to take steps even before the first year anniversary of the accident. Before we can take steps to protect your interest, we will need time to investigate the parties involved and make sure we have all the necessary information to properly assert your claim. Contact us as soon as possible to get started.

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Christopher D. Glisson

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