►The
Jones Act
allows a seaman injured on the job to sue to recover damages for:
§ lost earning, both past and future;
§ out-of-pocket medical expenses;
§ any reduction in ability to earn wages because of the injury;
§ pain and suffering
►Unlike workers compensation, the Jones Act requires proof that
the injury was caused in some way by the negligence of the employer, its
workers, contractors or agents.
►The Jones Act uses the doctrine of comparative negligence.
This doctrine allows workers who are partially at fault for their own
injuries to recover some portion of the damages. For example, if a jury
determined that the worker was 50% negligent and the damages $200,000, the
worker would get half of the damages or $100,000. (under the doctrine of
contributory negligence a plaintiff who is even 1% negligent
would get nothing!)
►Jones
Act claims may be pursued in State or Federal court and a jury trial is
provided to the plaintiff. It is up to the jury to determine:
§ if
there was negligence on the part of the employer, co-workers or other
railroad personnel;
§ if
the plaintiff was negligent and contributed to the accident and resultant
injury, and if so to what degree;
§ the
amount of damages
►The vast majority of Jones Act cases settle without a trial,
however, a case may take months or even years to resolve. Employers know
this so they generally do not get serious about settling until the trial
date draws near.
►The statute of limitations for a Jones Act case is three years
from the date of the injury. For certain types of occupational diseases
where uncertainly exists as to the date of injury, the clock may start
ticking from the time the disease is discovered.
