Jones Act Claim – Hurt by a Co-Worker

As a Jones Act seaman, you are exposed to hazards on a daily basis. You work with heavy machinery, tackle, fishing gear and other equipment, all while battling the weather and sea conditions. The work environment on a vessel can lead to maritime injury, but so can the actions of a co-worker. If you have been injured in a maritime accident that was caused by a co-worker or fellow crewmember, you may have a Jones Act claim.

The Jones Act provides protection for seamen who have been injured during maritime employment. To have a Jones Act claim, you must prove that there was some negligence or fault on the part of the vessel’s owners, operators or officers. If the negligent actions of a co-worker caused your maritime injuries, you may also have a Jones Act case.

When a co-workers’ negligence causes injuries to a Jones Act seaman, the employer can be held responsible. The co-worker may have done something unreasonable or failed to perform a reasonable act that would have prevented your injuries. Depending on the details of the Jones Act case, there could even be a claim for unseaworthiness.

You may have the right to sue your employer for your injuries in a Jones Act lawsuit. A successful Jones Act suit could entitle you to compensation for pain and suffering, lost wages, both past and present, medical expenses, disfigurement and mental anguish. The settlement can be substantial.

There is a statute of limitations as to when a Jones Act claim can be filed. If you have been injured in an offshore accident caused by a fellow crewmember, contact a maritime injury lawyer as soon as possible to discuss your legal options.

A Serious Maritime Accident Can Leave You Blind or Deaf

The types of accidents and injuries that can occur offshore are endless. Seamen have been known to suffer severe injuries and death from working aboard a vessel, such as a fishing boat or tug. These workers put their lives at risk on a daily basis and sometimes sustain permanent, life-altering injuries as a result. Even though most of the maritime accidents will include broken bones, bruises and back injuries, some will lead to blindness or hearing loss. This type of injury can change the life of the maritime worker forever. If you have been injured in a maritime accident, you need to be aware of your legal rights under the Jones Act.

The Jones Act is a federal law that provides compensation for injured seamen. A seaman is basically anyone whose work contributes to the function of a vessel or is done aboard a vessel. If you are considered a seaman, you should contact a Jones Act lawyer immediately, as the law is complex and there are deadlines as to when you can file a lawsuit.

Hearing Loss

The noise levels on a vessel can be high, especially in the engine room. Seamen who are subjected to this noise on a daily basis have been known to experience hearing loss, which can be permanent or may lead to other hearing problems such as buzzing in the ear.

There are measures that can be taken to protect workers from hearing loss, such as hearing protection and personal protective equipment. Workers should also be monitored for their hearing abilities regularly.

Eye Injuries

Seamen are also at risk of eye injuries that can lead to blindness. An eye injury can occur when an object, such as broken metal or glass, enters the eye or when the eyes are exposed to toxic chemicals, either directly or through fumes. Eye injuries can be avoided by using eye protection.

Employers are responsible for the safety of their employees under the Jones Act. If you have suffered hearing loss or blindness while working aboard a vessel, you may be able to file a Jones Act claim to recover compensation for your injuries.

Intracranial Hematoma and Your Rights as an Injured Jones Act Seaman

Many head injuries result in nothing more than a minor bump on the head, but what happens when it turns into something more serious? Intracranial hematoma is a potentially life threatening head injury that can takes several weeks or longer for symptoms to surface. If you are a seaman, fisherman, crewmember or other maritime worker and have sustained a head injury in a maritime accident, you need to be aware of the signs of intracranial hematoma and your rights under the Jones Act.

What is intracranial hematoma?

According to the Mayo Clinic, intracranial hematoma is the result of ruptured blood vessels within your brain or between your skull and brain. Hematoma, which is defined as a collection of blood, compresses against the brain tissue. This type of head injury can occur from a maritime accident, such as a fall or blow from an object, when the fluid around the brain is unable to absorb the impact. The brain can become bruised from hitting the inside wall of the skull.

Intracranial Hematoma Symptoms

Even if you feel fine after sustaining a blow to the head or knocking your head on a hard surface after a fall, it does not mean that you are in the clear. It can take a while for the symptoms of an intracranial hematoma to begin. Pressure can build as the brain swells, which can create any of the following symptoms:

  • Headache
  • Vomiting
  • Dizziness
  • Loss of consciousness
  • Different size pupils
  • Limb weakness
  • Raised blood pressure
  • Confusion
  • Extreme tiredness
  • Convulsions

Treatment and Diagnosis of Intracranial Hematoma

Most doctors will assume that you are suffering from intracranial hematoma if you lose consciousness after an accident. An imaging test, such as a CT scan or MRI scan, will most likely be ordered to confirm your diagnosis. These scans will show any damage or swelling of the brain.

Surgery is usually required to treat hematoma. There are two basic types of procedures used, which are surgical drainage or craniotomy. Surgical drainage is utilized when the blood is localized and there is no excessive clotting. When the hematoma is significant, a craniotomy may be needed that will open the skull to remove the blood.

Compensation for a Maritime Injury

The recovery time for intracranial hematoma can be lengthy and will most likely require you to take a substantial amount of time away from work, if you are even able to return to work at all. If your maritime injury was the result of negligence or an unseaworthy vessel, you may be entitled to compensation under the Jones Act. Contact an experienced maritime attorney to discuss your legal options. Our law firm offers a free, confidential consultation regarding your Jones Act case.

You Can Collect Mental Anguish Damages Under the Jones Act

Injuries come in all different forms, from bone breaks to head trauma. These serious injuries can take a toll on you physically, as well as mentally. In the past, doctors did not place a lot of emphasis on the emotional aspect of coping with a traumatic injury, but things have changed. Physicians and juries now take into account the mental anguish caused by a maritime injury. The good news for injured maritime workers is that they can now recover monetary damages for mental anguish.

The Jones Act is a federal law that protects injured seamen. If you are considered a seaman, this law allows you to collect compensation during your recovery and provides damages for mental anguish, among other things. However, the law is complex when it comes to obtaining these damages. To be eligible for mental anguish damages, you must have been injured by negligence and one of the following took place:

  • You became extremely distressed after being exposed to a hazard that has the potential to cause a life threatening illness
  • You experienced mental pain from an injury
  • An accident put you into a dangerous situation where you were at risk of serious injury

It can be very difficult to collect damages for mental anguish. The law does not allow family members of a seaman who was killed in a maritime accident to obtain this compensation. Also, if you witnessed an accident or death of a co-worker, you are not eligible for mental anguish damages. There are some other exceptions that should be discussed with a Jones Act lawyer.

If you have been injured in a maritime accident, you need to contact an experienced Jones Act attorney. When it comes to filing a Jones Act claim, there are deadlines, so you do not want to delay in seeking legal advice.