What Damages Are Available Under The Jones Act?
Jones Act Damages
The Jones Act refers to Section 27 of the Merchant Marine Act of 1920. The Act has two purposes. First, the Act protects the United States shipping industry by requiring all products carried between two U.S. ports to be transported in U.S. vessels. Second, the Act protects sailors who are injured at sea by allowing them to bring personal injury claims against their employers.
The Jones Act extends workers compensation benefits to sailors by including them under the Federal Employers Liability Act (FELA). FELA was passed in 1908 to give railroad employees not covered by ordinary workers compensation laws the opportunity to sue their employers for injuries occurring on the job. FELA also allows the families of workers who are killed in the line of duty to sue the decedent"s employer for damages.
In order for a seaman or his survivors to recover the full amount afforded to them under the Jones Act, they as plaintiffs must demonstrate that the defendant employer was either fully or partially negligent in causing the injury. The negligence requirement is an additional hurdle for employees seeking compensation under FELA regulations, but proving that an employer was negligent allows the plaintiff in a personal injury lawsuit the chance to obtain a larger monetary award.
In most states, the workers compensation claims falling outside of FELA are handled at the administrative level, and damages in these claims are limited by state statutory law. Additionally, general maritime law does not allow seamen the right to a trial by a jury of their peers. However, the seaman plaintiff or the family member suing on his behalf under the Jones Act has the right to have his case heard and decided by a jury.
Pain and Suffering
In contrast to regular workers compensation cases, the Jones Act allows injured employees or their families to sue employers for pain and suffering; the jury has the discretion to determine how much the plaintiff should be awarded. In order for the jury to calculate damages, witness testimony is used to determine the extent of physical and emotional harm felt by the employee or his surviving family members.
Medical Expenses and Lost Wages
As in other workers compensation cases, seamen plaintiffs in personal injury lawsuits are entitled to payment for medical expenses and lost present and future wages associated with the injury. Under the Jones Act, an accident resulting from an employer"s negligence entitles the employee to full coverage of his medical costs. Since the Jones Act medical coverage extends beyond ordinary health insurance benefits, employees who have been injured while performing their maritime duties should inform their medical providers that the treatment may be covered by the Act. The Jones Act will also cover expenses associated with a permanent physical deformity resulting from a workplace accident.
Past and future wages contemplated by the Jones Act include the time period before trial in which the plaintiff was unable to work due to his injury, and they include the anticipated time that the plaintiff will remain incapacitated. If the jury accepts the plaintiff"s expert calculation and testimony, these wages can also include anticipated raises or bonuses that the plaintiff would have received had he been able to work during the time frame in question.
The Jones Act refers to Section 27 of the Merchant Marine Act of 1920. The Act has two purposes. First, the Act protects the United States shipping industry by requiring all products carried between two U.S. ports to be transported in U.S. vessels. Second, the Act protects sailors who are injured at sea by allowing them to bring personal injury claims against their employers.
The Jones Act extends workers compensation benefits to sailors by including them under the Federal Employers Liability Act (FELA). FELA was passed in 1908 to give railroad employees not covered by ordinary workers compensation laws the opportunity to sue their employers for injuries occurring on the job. FELA also allows the families of workers who are killed in the line of duty to sue the decedent"s employer for damages.
In order for a seaman or his survivors to recover the full amount afforded to them under the Jones Act, they as plaintiffs must demonstrate that the defendant employer was either fully or partially negligent in causing the injury. The negligence requirement is an additional hurdle for employees seeking compensation under FELA regulations, but proving that an employer was negligent allows the plaintiff in a personal injury lawsuit the chance to obtain a larger monetary award.
In most states, the workers compensation claims falling outside of FELA are handled at the administrative level, and damages in these claims are limited by state statutory law. Additionally, general maritime law does not allow seamen the right to a trial by a jury of their peers. However, the seaman plaintiff or the family member suing on his behalf under the Jones Act has the right to have his case heard and decided by a jury.
Pain and Suffering
In contrast to regular workers compensation cases, the Jones Act allows injured employees or their families to sue employers for pain and suffering; the jury has the discretion to determine how much the plaintiff should be awarded. In order for the jury to calculate damages, witness testimony is used to determine the extent of physical and emotional harm felt by the employee or his surviving family members.
Medical Expenses and Lost Wages
As in other workers compensation cases, seamen plaintiffs in personal injury lawsuits are entitled to payment for medical expenses and lost present and future wages associated with the injury. Under the Jones Act, an accident resulting from an employer"s negligence entitles the employee to full coverage of his medical costs. Since the Jones Act medical coverage extends beyond ordinary health insurance benefits, employees who have been injured while performing their maritime duties should inform their medical providers that the treatment may be covered by the Act. The Jones Act will also cover expenses associated with a permanent physical deformity resulting from a workplace accident.
Past and future wages contemplated by the Jones Act include the time period before trial in which the plaintiff was unable to work due to his injury, and they include the anticipated time that the plaintiff will remain incapacitated. If the jury accepts the plaintiff"s expert calculation and testimony, these wages can also include anticipated raises or bonuses that the plaintiff would have received had he been able to work during the time frame in question.
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