The Marine and Jones Act - if you are injured.

KN INFORMATION
24 Nov, 2021

Jones Law - Protection for Marine Workers

Legal law is traditionally defined as a law that has been enacted by the legislature or other type of governing body. Laws are considered very important for people living in the United States, because they not only tell citizens what they can and cannot do, but also inform them of their rights as citizens of the country. Given the variety of practices that currently exist, many jurists consider Jones law to be the most important. People who want to know more about this law need to know the basics, importance and thoughts behind it.

What is the Jones Act?

As with all legal acts, gaining an understanding of this law is essential for individuals who want to achieve optimal results with the legislature. Jones law traditionally states that all merchandise in the process of being transported from one port in the United States to another must be on a ship owned by a U.S. citizen. In addition to these basic requirements, there are several requirements for the safety of sailors working in law. For example, sailors and women injured while working on a specific US-owned ship should be compensated for their injuries and treated accordingly. Depending on the circumstances, additional provisions may be made for injured marine workers on American ships.

The importance of law

But what is the significance of this law? Can people who do not work in the nautical shipping industry benefit from this statutory law? In fact, much of the significance surrounding this law revolves around the legal element. Jones Law, for example, was responsible for the development of the Marine Sabotage Task Force - which oversees the rules established by the law in question. Individuals who have additional questions about the importance of Jones law can consult with experts in the field of military law. Attorneys, judges, and other members of the law or federal government will also be able to provide additional information to recognize the importance of the Jones law.

Thoughts for the law

Like many other laws, the legality and effectiveness of this law is being debated. According to the Journal of Commerce, John McCain is one of the leaders in politics seeking to repeal the Jones law, which has since been drafted in support of the law. According to the report, McCain believes the Jones law hinders trade between certain U.S. ports, such as Guam, Hawaii, Alaska and Puerto Rico. In addition, other political leaders, including McCain, believe that Jones law prevents international ships from assisting the United States in times of disaster, such as an oil spill in the Gulf of Mexico. Despite this controversy, Jones law exists - and will remain so for many years to come.

Commercial Maritime Act of 1920: Section 27B of the Jones Act

Section 27 of the Commercial Maritime Act of 1920 is known as the Jones Act. The law was written to protect sailors who were injured while on board. Basically, Jones law declares the rights of sailors on ships owned or operated by the United States.

The Jones Act is designed to protect sailors from unsafe living and working conditions while operating on U.S. ships. This law applies not only to the crew but also to the masters of that crew. The employer of a ship is bound by U.S. law to compensate sailors injured while working on the employer's ship. By law, sailors have the right to claim and collect from their owners when they are injured. If the injury is the result of the ship owner's negligence, they have the right to sue for damages. Also, if the ship and crew are injured which creates a hostile environment, Seaman has the right to sue. If the ship is assessed in an 'abnormal' condition, the benefits of injury or death may also be given. Sailors can sue under the law if they comply with a U.S. Supreme Court ruling that states, "Any worker who spends less than 30 percent of their time on a navigable vessel is considered a submarine." Jones law. '

By law, a sailor can sue in U.S. federal court or state court. The law provides for compensation in certain areas. For example, compensation may be paid for the salary lost due to injury where at least 1% of the employer's error may be shown. Also, the law gives the injured sailor the right to compensation for care and treatment until he or she is cured or provided all medical treatment in an attempt to recover. This means Simon is entitled to reimbursement of medical expenses, on board accommodation, hospitalization, medication, doctor care and nurse care. Maintenance begins when an injured or sick sailor leaves the ship and ends when the semen reaches maximum medical treatment.

When sailors on a ship are injured, it is best to contact the Jones Act Attorney, especially if the employer is negligent or the ship is considered unsafe (ship or crew is not appropriate). The zonal law lawyer specializes in marine law. This area of ​​law can be very confusing for beginners so it is a good idea to have a lawyer who understands the law. The lawyer will advise Shawn on his rights and explain the step-by-step process for obtaining reasonable compensation. The Jones Act Attorney helps sailors navigate the legal process, create lawsuits on behalf of their clients, and fight for the damages they are entitled to. If you have been injured while working on a US ship, you should appoint a Jones Act Attorney.

The Marine and Jones Act - if you are injured. Here are five things you need to know to protect your rights 

The three maritime laws that protect workers are the Jones Act, the Death on the High Siege Act, and the Longshoreman and Harbor Workers' Compensation Act.

The Marine Jones Act was created to protect sailors, sailors (or women) or crew of American ships or other vessels - such as oil rigs - that are injured at sea or while on duty.

The "Death on the High Seas Act" provides shelter for those who have lost a family member at sea, and the law covers anyone who dies in an open-air plane crash.

The Longshoreman and Harbor Workers' Compensation Act is similar to the Maritime and Jones Act, but also includes workers with "land-based" support staff who have been injured on the job.

Under the Jones Act, you have the right to adequate treatment, independent medical care and counseling, sufficient time to fully recover from your injury before returning to work, and adequate payment while you are recovering. You pay your bills.

If you are injured and you believe that you are being protected by the Maritime Jones Act, you must first consult an experienced "Maritime Attorney". Consult them before signing anything, making a statement, or talking to a representative of your employer's insurance company. Most employers are honest and trustworthy, and their main concern is to see that you are all right, however, there are a few things you need to be aware of to protect yourself until you find an experienced maritime law lawyer

1. Report an Injury: As soon as you are injured, you must report it to your supervisor. Do not give a recorded statement unless you have spoken to your Maritime Act attorney and he or she is present. If your employer, his lawyer or insurance representative asks you to provide a recorded statement, tell them that you will be happy to do so when your lawyer appears. What you say now can hurt you later - especially if the person asking you the question is doing it in a way that protects your boss, not you.

2. Signing anything to receive medical benefits or maintenance payments: In addition to signing the release at the hospital or doctor's office - you agree to allow them to take the steps they deem necessary to provide the appropriate medical care, you do not need to. Signing any statement made by your employer or his representative. Before signing anything else, talk to your own marine law attorney to make sure you are not signing any of your rights under the Jones Act under all "legal-eese".

3. Getting medical care: You don't just have to visit "company" doctors or be under their supervision. You have the right - and always want - to choose a doctor who is comfortable with you, capable of treating your injuries, and who is comfortable with you. Unfortunately, many "company affiliated" medical providers are under pressure to force you to return to work before you are ready, and there have been cases where necessary tests have not been performed (to avoid exposing the true extent of injuries), or where providers' statements and observations support the employer's case. Are written to do so, not you and your injuries.

4. Receiving medical benefits and maintenance payments: In the name of "care and treatment" you are entitled to receive medical care and appropriate support payments to cover your living expenses until you fully recover from your injuries. This is an exception if you were injured when you were "off work" or when you were intentionally hurting yourself. However, if you are told by your employer or his or her advisers that they are refusing to benefit you because you are at fault or your employer is not to blame, you are. Advised to speak with an experienced "Maritime at Attorney" and seek legal advice as soon as possible.

5. Receiving further damages for pain and suffering: By law, you are entitled to receive medical benefits and maintenance support as mentioned earlier. However, if the extent of your injuries and the negligence of your employer or the ship you are working on prove unsafe, you will be eligible for further medical care beyond the maximum medical "correction", a settlement to recover your lost wages - and against future pay. Also - and the loss of "pain and suffering and mental anguish". Again, this is why you need to consult an experienced "marine law lawyer" who can give you competent legal advice on your rights.

Lastly, if you are a sailor, sailor or employee injured on the job, you are entitled to medical care, maintenance payments to help pay your bills, and time to recover from your injury. Don't let anyone try to tell you otherwise. Never sign any legal documents given to you by your employer's representative unless you know your own power of attorney.

It is in your best interest to find a lawyer who has experience in maritime law and who seems competent and thinks in your best interests. Most lawyers will give you free advice without any strings, so use that first interview to ask questions about their background, experience and work process. Make sure you get all the help and protection under the Marine and Jones Act.

Protect yourself and your future. Click here to learn more about your rights under the Marine and Jones Act

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