How Much Is My Offshore Injury Case Worth?
How Much Will I Be Able to Recover? How Will I Care for My Family?
For many seamen hurt on the job, their first concern is for their families. No matter what industry you are employed in, what savings you have put away, or what your monthly expenses are, being forced to take time off work will affect your family financially. Couple this with medical costs and your situation could seem dire. Fortunately, there are laws written with families just like yours in mind. Offshore workers are protected by federal laws such as the Jones Act. You have the right to collect compensation as an injured offshore worker under this law. In addition to medical expenses such as hospitalization, you could be entitled to compensation for a variety of associated damages under the Jones Act.
Every maritime injury case involves different facts and legal issues that combine to determine the value of the case, so it is impossible to make any general statements of how much a claim will be worth to the victim and his or her family. It is best not to rely on your own calculations, but seek the help of a legal professional if you wish to make a maritime claim.
The basic types of damages available in maritime injury and Jones Act claims include:
- Lost wages
- Loss of earning capacity
- Future health complications
- Mental anguish
- Vocational rehabilitation
- Long-term care
- Physical pain
- Living expenses
If you were injured and had to undergo necessary medical treatment, then these medical bills will be covered under the Jones Act if you carry the title of a seaman. If your employer is found to have been negligent in the matter, which led to your injury, you are liable to compensation for surgeries, pharmaceuticals, and any other type of necessary rehabilitation. If you were injured on the job and it caused you to miss work for an extended period, under the Jones Act, you are entitled to receiving compensation for your lost wages. If you find that you are not covered under the Jones Act, other maritime laws will likely cover your lost wages, at least partially, for the period it took to recover. In the worst case scenarios, the offshore worker was killed as a result of an offshore accident. Under the Jones Act, the family of the victim is entitled to compensation if the worker died as a result of negligence on behalf of their employer. These provisions are also included in DOHSA.
Filing a Jones Act claim is similar to filing a claim for workers' compensation. Settlements under the Jones Act, however, are usually much larger than workers' compensation settlements. This is partially due to the high-risk nature of maritime occupations. Under federal statutes such as the Jones Act, you and your family have legal recourse should you suffer an injury on the job. Learn more about your rights as well as the process of completing an injury claim under the Jones Act by speaking with a maritime injury lawyer at Arnold & Itkin LLP.