Filing a Claim with a Jones Act Attorney
Developed to protect workers on navigable waters, the Jones Act is a complex piece of law that requires seamen have a safe place to work. If you are injured on the job, you should report the injury and contact a Jones Act attorney who can assist you with the formal filing of a claim.
Outlined below is the typical process for filing a Jones Act claim, although the process may vary from case to case. For specific information regarding your unique circumstances, you should consult with a lawyer at Lipcon, Margulies & Winkleman, P.A.
- Report the injury – You should report an injury to your employer at the earliest opportunity. Don’t delay, act immediately because your employer may want to take action to identify witnesses and investigate the scene.
- File a formal statement – After you have notified your company of the injuries you sustained, you will likely be asked to provide a detailed account of the moments leading up to your accident, generally referred to as an accident report. A Jones Act attorney will suggest that you refrain from completing such forms or providing statements prior to speaking to them. Often these documents, or taped statements, are used as evidence that your employer was not at fault for the accident, which can affect the strength of your case. If you are not feeling your best, simply decline to give a statement and contact an attorney. He or she will be able to provide guidance about completing an accident report.
- Seek medical treatment – After an accident, the chief concern is your health and well-being. See a doctor immediately and have him or her provide a detailed report of your injuries, as well as any treatments that you receive.
- Seek legal assistance – The Jones Act is complex and has many provisions and requirements. It is usually in the best interest of the injured party to hire a lawyer who is familiar with these types of claims and able to make strategic moves that ensure that you are fully and fairly compensated for your losses and injuries under the law.
- Take legal action – Once you and your lawyer have decided to move forward with legal action, you will decide to either file suit, or settle the case. Every case is unique with different circumstances, so consult with your lawyer before making any major decisions regarding the final outcome of your claim. It is wise to retain an attorney as soon as possible because you must act within the statute of limitations. Once the statute of limitations has passed, you are no longer eligible to make a monetary recovery in most instances.
How Lipcon, Margulies & Winkleman, P.A. Can Help With Your Claim
Our law firm is based in sunny South Florida, where most major industries are based off the tourism that the ocean attracts. For more than 40 years, our staff of attorneys has litigated maritime cases throughout the country. Presently we have 8 attorneys in our office who handle admiralty and maritime matters for the most part.
We are dedicated to ensuring that companies maintain a safe work environment for their employees on the sea. If you have been injured and are considering filing a Jones Act claim, contact a Jones Act attorney at Lipcon, Margulies & Winkleman, P.A. today.
We offer a free initial consultation and can be reached online or by calling 877-233-1238.
