Those who spend at least 30% of their work time on a vessel in navigation are covered by the Jones Act, but they are generally not covered by workers’ compensation. This is because maritime laws apply to those at sea.
Normally, when a worker becomes injured in the workplace, they are able to file a workers’ compensation claim. This enables them to gain back compensation for lost wages and medical expenses as a result of their injury. They will be able to recover this compensation in most situations, regardless of fault. However, those covered by the Jones Act will need to make an injury claim instead. If you are covered by the Jones Act and you were injured at work, the following are the steps that you should take.
Seek medical treatment
You should prioritize your health and wellbeing and seek medical treatment as soon as possible after you become injured.
Report the injury
Within seven days of the incident, you will need to formally report your injury to your supervisor.
Make a formal statement
You will then need to fill out an accident report and make an official statement about the injury. In this report you should be able to make a statement about who was at fault.
Settle the claim
After the report is completed, ideally you will be able to settle the claim and receive compensation. Alternatively, you can file a lawsuit against your employer.
Make sure that you take swift action to understand your rights if you are covered by the Jones Act and you were injured at work.