The Jones Act
Seamen have their own laws in case of injury. To qualify as a seaman under the Jones Act, you must be an active crew member working on a navigable vessel and spend more than 30% of your time aboard the ship. The Jones Act provides legal grounds for you to file a civil suit directly against your employer when you’re injured working on a vessel. However, under the Jones Act, negligence must have played a part in the accident to file for compensation.
Statutes of Limitations
Under the LHWCA, you have up to two years to file your case from the day of your injury. You also need to report your accident to your employer within 30 days (though this should be done as soon as possible). The deadlines are different under the Jones Act.
Under the Jones Act, you have up to three years to file your injury claim and must report the off-shore accident to your employer within seven days. Failure to meet these mandates could strip you of your legal right to pursue compensation.
Documents You May Need
Fighting for your compensation requires a lot of preparation. You will need to provide documents that prove you were injured while at work. Jones Act claims must also include proof of negligence. Some of the key documents you may need could include:
- Proof of service on a vessel
- Records of injury
- Accident report
- Medical records
- Correspondence from your employer regarding the accident
- Photos of the accident
- Statements from eyewitnesses
In case of the death of a loved one in an off-shore accident, you should also be prepared to provide the following documents in addition to the other information:
- Marriage certificate
- Birth certificates of the surviving dependents
- Certification of the funeral expenses
