JONES ACT NEGLIGENCE- If a seaman’s injury or death is caused by the negligence of the seaman’s employers or fellow employee, the seaman can recover under the Jones Act, 46 U.S.C. App. S 688. For injury, the seaman can recover for the seaman’s related past and future loss of income, expenses of medical care, pain and suffering and disability (loss of enjoyment of activities of normal life). For death, the seaman’s representative can recover for certain relatives their financial losses and compensation for the seaman’s pain and suffering.
MAINTENANCE, CURE AND UNEARNED WAGES- If a seaman becomes ill or injured during employment, the seaman is entitled to maintenance, cure and unearned wages regardless of fault. Maintenance is reasonable expenses for room and board while ashore, until the seaman is fit for duty or until the maximum benefit of medical treatment is reached. Cure is the reasonable medical expenses incurred by the seaman for treatment until the seaman is fit for duty or until maximum cure is reached. Unearned wages to the end of the voyage are wages the seaman would have received if the seaman had not become sick or injured, to the end of the period or season for which the seaman was employed.
UNSEAWORTHINESS – The vessel and its operator owe a seaman assigned to the vessel the duty to provide a seaworthy vessel. If the duty is breached, the vessel and its operator are liable for related resulting injury. The seaman can recover for related loss of income, medical expenses, and suffering and compensation for disability.
If you have any questions concerning your Louisiana Maritime or Jones Act case, call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.