Sunday, March 28, 2010

Maritime Law - Filing a Jones Act Claim

The Jones Act provides protection for fishermen from negligence of the owner of the ship by the ship's captain and crew. Working on ships is not the same as working in an office. There is an inherent danger faced by many people who work on ships. . The Jones Act, this risk level and provides legal opportunities for seafarers injury on the job Meanwhile, Jones Act also has the ship owner is responsible for the seaworthiness of the vessel. The sailor can also bring charges that the ship was not seaworthy. These requirements can add up to huge sums of money if awarded. How does a sailor begin the process of submitting a claim under the Jones Act?

All sailors are due to maintenance and cure when injured, whether they qualify as a Jones Act seaman or not. This comes from traditional maritime law. Maintenance is a daily allowance of money to cover board and food, which would have covered the ship otherwise. Treatment is to provide care and rehabilitation until the maximum amount of improvements coming. At the time, normally a duty for the employer stops. The person who is on their own to live or not. The Jones Act provides additional protection, however.

The first question is, if a seaman is entitled to submit the claim. The person must prove that they qualify as a Jones Act seaman. The Supreme Court set guidelines that a person qualifies if they work more than 30% of the time in a qualified vessel. The vessels, which covers a wide range of boats and ships. Those working on charter boats require. Those sailing ships and barges described as well. People on offshore drilling rigs to make the list too. Cruise ships and casino ships qualify. Any employee of the vessels that normally eligible under this Act.

If the person is entitled, the sailor sue the relevant parties at either the federal or state court level. A qualified lawyer may be the best way to do this. Filing suit involves paperwork and fees that many people do not understand. If the sailor proves in court that negligence or an unseaworthy ship caused their injuries, he or she may be entitled to large compensation awards. This regulation is a means to provide ship owners with incentives to work at sea as safely as possible. But time is not on the side of a seaman. You must sue within the two-year limitation.

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