Jones Act Personal Injury Claim

Under the law, the burden of proof is on the worker in a Jones Act personal injury claim. To file a legal claim against your employer under the Jones Act, there are certain steps to follow. The process is time-sensitive. Delay in starting minimizes chances of a positive result.

1. If you are injured, you must report it immediately to the captain, your employer, or the senior officer aboard, or as soon as conditions permit. Do not try to stay on duty before reporting it, even if the injury is not serious. When you report the injury, make sure there is an entry made in the ship’s log. You have a seven (7) day period to report a work-related injury for Jones Act claims. However, if you take too long in making a report, your employer will argue you were not hurt enough to justify making a personal injury claim.
2. Request and seek immediate assistance, from a physician, emergency medical personnel, or your ship’s medical officer. Do this even if the injury seems minor. Minor injuries sometimes worsen, and it is important in all cases to have medical documentation and proof. All treatment and diagnostic tests aboard the ship should also be documented and entered in the ship’s medical log.
3. File an accident report with your company as soon as your injuries allow, but only when your mind is not under the effects of medication. Be detailed, but do not guess. Pay special attention the part about who is at fault for your injury. There may be multiple causes, and injured workers can be pressed into taking blame for an accident actually caused by employer negligence. If you are confused how to answer who caused the injury, you may provide no answer. A maritime lawyer can assist you.

NOTE: You are not required to provide a recorded statement and may politely decline. Some employers and ship owners ask injured workers to give a recorded statement immediately or shortly after the incident. Workers often comply, thinking they are helping the situation, but a recorded statement could hurt your case. Stress, shock or medication might affect the ability to provide a helpful recorded statement. Even worse, the worker may unintentionally say things that dismiss the employer’s liability.