The United States Congress enacted what is now known as the Jones Act in 1920. Changes were made to the act fifty years later. Offshore seamen are covered as well as seaman working in inland waters. There is often confusion between the Jones Act and worker’s compensation laws. They are similar. However, they are two totally different laws. The Jones act provides remedies for injured seamen against their employer. If an injury results in death, the seaman’s beneficiaries may be entitled to compensation, awards, or other benefits.
The Jones Act states that the owner of the vessel must maintain the vessel to ensure that it is seaworthy at all times. Also, if a vessel owner, captain, other maritime workers are proven to have displayed negligence resulting in an employee’s injury in a legal trial, he or she will be entitled to compensation for medical expenses, pain and suffering, disfigurement, and wage losses. The choice of doctor is made by the employee. Monetary awards are granted in some Jones Act lawsuits.
Under the Jones Act, a ship or vessel includes different water-going vessels, ships, or other floating or movable rigs. They include but are not limited to various barges, tankers, diving vessels, research vessels, fishing vessels, cargo ships, drill ships, and many others. An experienced Jones Act lawyer can determine if the vessel in which their client works is included under the Jones Act.
The Jones act is a federal law although cases can be heard on the state level as well as the federal level. A Jones Act claim made in the state of New Mexico may be heard the New Mexico state court. In this situation, the trial will follow New Mexico state court guidelines and procedures. Either state or federal court is a factor that can be determined by a reputable Jones Act lawyer.
Statutes of limitation regarding Jones Act claims are generally three years. If you are a resident in the state of New Mexico and have been injured during your maritime job, it is recommended that you contact a Jones Act lawyer immediately.
In New Mexico an initial consultation with a Jones Act lawyer may be free of charge. Inquire about all fees and costs before hiring a lawyer. It is important to consult with an experienced Jones Act lawyer if you believe you deserve Jones Act compensation, benefits, or even monetary awards.
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