The damages that can be recovered in a Jones Act claim depend on the claimant’s injuries and how those injuries impact their life. Generally, these damages may include:
- Lost wages
- Lost earning capacity
- Medical bills
- Projected medical bills
- Pain and suffering
Different types of damages exist for different types of claims. A lawyer who handles Jones Act cases can help you identify which damages may apply to you and your specific situation.
Common Types of Damages That May Be Recovered in a Jones Act Claim
The Jones Act allows certain types of maritime workers to file negligence-based lawsuits against their employers for injuries that occur at work. Maritime workers have this option because they are generally excluded from workers’ compensation insurance coverage. Jones Act claims may allow for the recovery of more types of damages than are available under a workers’ compensation claim.
The following are some of the most common types of damages that can be recovered in a Jones Act claim by an injured seaman or maritime worker:
Lost wages refer to the wages you would have earned if you had not been injured, both during the time you were injured and during treatment. This damage type may also cover any benefits you lost because you were unable to work.
Lost Earning Capacity
In some cases, serious injuries or maritime accidents can affect you long-term. Lost earning capacity damages allow you to recover compensation for the wages you would have earned in the future had you not been injured.
A Jones Act claim may provide compensation for any medical treatments that are directly related to your injuries, such as emergency department visits, surgeries, therapy, and more.
Projected Medical Expenses
If your injuries are expected to last long-term, you may be able to claim future or projected medical expenses.
For example, if your injury will cause a physical disability, permanent damage, paralysis, or affect you in other ways that require long-term medical care, your Jones Act claim may account for these expenses.
When a maritime injury stops you from working either in the near future or permanently, it may be crucial to calculate the money you will spend over time on medical care and pursue these damages on your claim.
Pain and Suffering
Pain and suffering damages may be recovered in cases when a person has suffered greatly during a workplace accident. Pain and suffering damages can extend to both the physical pain the seaman endured or the mental or emotional anguish he or she suffered due to the injury.
Other types of damages beyond those listed here may also be available in a Jones Act claim.
For a free legal consultation, call (337) 777-7777
How Damages Are Calculated in a Jones Act Claim
The way damages are calculated in a Jones Act claim may depend on the type of damages. For medical expenses, all medical bills will be reviewed, with an estimated value placed on future medical expenses based on the projected course of treatment.
Lost wages and lost earning capacity may be calculated based on your current wages, wages you miss while in recovery, and wages you are expected to miss over time due to your injuries.
A lawyer with our firm can help you assess all the ways your maritime injury has affected your life and help you understand the damages you may be able to recover under your Jones Act claim.
Note that per 46 United States Code § 30106, victims generally have three years to submit a negligence-based lawsuit under the Jones Act.
Laborde Earles Injury Lawyers Helps with Jones Act Claims
If you are a maritime worker who was injured at work and want to file a Jones Act claim, Laborde Earles Injury Lawyers can help you. We serve clients in Lafayette and other parts of Louisiana. Our firm understands the laws that apply to Jones Act cases and can guide you through the entire legal process.
Our services may include:
- Developing a strategy for your case
- Collecting evidence
- Evaluating your damages and their value
- Filing your claim and/or lawsuit
- Communicating with all parties for you
- Negotiating for a settlement
- Defending your case at trial if necessary
Contact Laborde Earles Injury Lawyers at (337) 777-7777 for a free consultation to discuss your claim today. Our staff can go over your accident, your potentially recoverable damages, and your legal options during this call.