Riverside Accident Lawyer Explains The Jones Act

As California has some of the busiest shipping ports in the USA it will probably come as no surprise to hear that more and more law firms are adding maritime law to their list of practice areas. A Riverside accident lawyer who specialises in maritime law will understand the idiosyncrasies and complexities associated with such a law, and as a result plays an essential part in helping clients receive compensation for accidents that happen whilst at sea.

For years land workers have had access to workers compensation as a way of obtaining quick compensation for an accident that occurred whist at work, without having to go through lengthy litigation battles. At the same time maritime law initially gave sailors the opportunity to claim for damages in the event of an injury. However, as the law stood, it meant that they could only sue for basic medical treatment and living expenses. The problem was that this fell way short of what is deemed reasonable and as a result when a maritime worker suffered an injury this meant that they were always essentially out of pocket.

This all changed in 1920 when the Jones act (brought in by Senator Jones) under the guise of President Woodrow Wilson meant that maritime workers could now file damages against their employers, as well as others, and also had the right to file punitive damages over and above basic medical and living expenses in which maritime law first decreed. This was a big change for maritime workers and now brought the working practices more in line with land workers. This act is still very much in place today and a Riverside accident lawyer who specialises in dealing with maritime law will be able to help.

In the case of an accident or injury at sea it is important to note that a maritime worker can still claim for damages even though they may be fully aware of the potential risks of the dangerous work they carried out. Employers can be sued if they can be deemed legally negligible for any breach of safety that attributed to the workers accident. These can include failure to maintain a sea worthy vessel, failure to provide the correct and immediate medical assistance to an injured worker, or negligence on the part of the crew or captain.

Another important caveat is that the Jones Act only covers maritime workers who spend 30% or more of their working time at sea, and as a result does not cover maritime workers who work dockside. Due to these limitations it was found that workers who spend under 30% of their time sailing in navigable waters were not covered when injured. Therefore some years later the Longshore and Harbor Workers Compensation Act (LHWCA) was introduced. This law affords people the same type of compensation rights as covered under workers comp whereby injured harbor workers could get prompt payment on injury claims to cover loss of wages and immediate medical expenses. An experienced Riverside County accident attorney will be well versed in both laws

Obviously there are potential pitfalls for a maritime worker if they choose to not use the services of a maritime attorney and these are as follows: a maritime employee may not have access to documentation that is needed surrounding their accident. Also without proper advice, the maritime worker might not seek proper medical treatment for their injuries and as a result may return to work well before they are ready, on the proviso of an out of court settlement. This means that they have unknowingly forfeited their right to receive maximum compensation for their injuries.

The right Riverside accident lawyer has the power and the skills to subpoena any documentation relating to the accident and can advise the maritime worker of the best way to achieve maximum compensation for their injuries. In some cases, although very difficult to do, can even overturn a 'return to work' slip as issued by the ship's doctor. So as you can see, it is imperative that if you have an accident whilst at sea, that you contact an accident lawyer Riverside as soon as possible. Chances are that they will be of more help that you think.