Jones Act in Maryland and Workers’ CompensationWritten by ruxandra
Because of its location along the eastern seaboard of the US, Maryland is a common place for Jones Act cases. Jones Act claims in Maryland are made by maritime workers by the law that was enacted in recognition of the dangers that come with maritime jobs. Similar to other workers’ compensation cases in Annapolis, litigation under Jones Act aims at recovering damages for lost and future wages, compensation for pain and suffering, medical expenses, mental anguish, etc.
What is Jones Act?
Any professional Annapolis injury lawyer knows about Jones Act. This act represents federal law, but cases can also be heard on a state level. Jones Act allows injured sea workers to seek compensation. It is vital to understand the specifics of this act and its crucial importance in helping you reach a work injury settlement in Maryland. The Jones Act recognizes the dangers posed by maritime work, even when the employee is fully aware of the dangers and still performs the high-risk work.
Any ship or water-going vessel falls under the Jones Act, which states that the vessel must be in a seaworthy condition at all times. In addition to this, the vessel owner, as well as the captain and any other worker in the ship, are liable if their negligence has led to another worker’s injury.
When is a vessel seaworthy?
If you ask your personal injury lawyer from Maryland, they will tell you that a ship, a fishing boat or any other maritime vessel doesn’t need to be on the verge of sinking for it to be considered unworthy. In fact, most of the claims under Jones Act are brought for the reasons that the ship was not seaworthy.
For a maritime vessel to be considered navigable, it needs to:
- Be equipped with the appropriate safety gear & equipment
- Be fit for its intended use
- Have a professional & competent crew
- Be considered a safe place to work and live
Maintenance & Cure
One of the differences between worker’s compensation in Annapolis and Jones Act is the “maintenance & cure” benefit. This states that a sea worker injured on a vessel has the legal right to receive a daily allowance (maintenance) between $10 and $40, regardless of who was at fault for the injury. This allowance represents the shelter and food the sea worker would have received aboard if the injury had not occurred. In addition to this, the employer must provide the injured worker with the appropriate medical and rehabilitation care until they reach the maximum medical improvement. This is known as the “cure” benefit.
Personal Injury Lawyer in Maryland
If you or a loved one have been harmed when working on a vessel, you need to contact an Annapolis injury lawyer right away. We can help you with your Jones Act claim and make sure that you receive what is rightfully yours. Call us at (443) 569-3950 or send us an email at [email protected] to get a free consultation on your case.