What are My Rights as an Injured Miami Cruise Ship Employee?
Workers' compensation can seem like an unexpected burden when injured on the job. You are dealing with a serious injury and taking time off work, and your paycheck will be greatly reduced.
Reporting the injury is critical because you only have a limited time to submit your claim and receive damages. If you suffered injuries on a Miami cruise ship, you should contact your cruise ship accident lawyer as soon as possible. Read to learn your rights as an injured Miami cruise ship employee.
Do You Qualify for Compensation- Jones Act?
As an injured Miami cruise ship employee, it is important to understand your legal rights. The Jones Act was enacted in 1920; it protects the rights of injured seamen and ensures that any maritime accident claims are filed promptly. The Jones Act allows injured workers to recover damages if they suffer injuries while on the job.
However, your responsibility is to verify your status as a seaman before claiming protection under the Jones Act. The Act does not offer a precise definition of "seaman," but federal courts have held that the term refers to anybody whose employment is "in any capacity" aboard a ship engaged in navigation.
If you are an injured Miami cruise ship employee who has suffered an injury while working on a vessel owned by a U.S.-based company, you may be eligible for compensation under the Jones Act if:
●You were working 30 % of your time on a vessel registered in the United States or its home port in the United States. You do not qualify as a seaman under the Jones Act if you do not perform any work aboard the ship.
●After the injury on the vessel, you should file the case before three years expires.
●The vessel can cross seas or rivers to reach the United States or the Union. It does not apply to oil rigs or ships in dry dock. An oil rig may look like it floats, but it must be towed to move.
In order to receive damages for injuries sustained on the job, affected workers must prove that their employer was negligent. You can compare a claim for damages after an accident on a cruise ship to a personal injury case, with one important difference working in your favor. To file a claim, you must show that someone else's carelessness contributed to the incident.
The principle of comparative fault is included in the Jones Act. There is a reduction in damages per the degree to which your negligence contributed to the accident.
When to File a Jones Act?
If you are a marine worker who has been hurt at work, you wonder whether or not you are eligible to file a claim under the Jones Act. Consider submitting a claim if:
●The employer isn't providing you with medical care and damages for lost wages while you recover.
●As a result of your injury, you were let go from your job.
●Your company failed to ensure that its employees worked in a secure environment.
●Inadequate maintenance or a defect in the machinery all but guaranteed your injury.
●Your injury was exacerbated by the actions of one of your coworkers through improper training or being reckless.
Do not assume that your superiors will indemnify you financially if you file a claim. The corporation itself will have to shoulder the blame. If you get hurt while on the job, whether during or after hours, your employer must pay for your medical bills, lost wages, and other losses.
Importance of the Jones Act
Its primary function is to safeguard the legal interests of workers hurt on the job while in navigable waters. In the case of an accident on the job, the Act's provisions for medical care and lost earnings can be lifesavers for workers.
As a bonus, the Jones Act ensures that all vessels sailing in U.S. waters meet standards and are safe. It is vital for the well-being of everyone involved with the ships, including the crew members and the surrounding. Finally, the legislation encourages shipping by mandating that all cargo traveling between American ports be transported by ships constructed and registered in the U.S.
What Happens If the Employer Was Not Negligent?
An injured crew member is entitled to maintenance and cure in addition to any damages granted in a negligence complaint. Work-related illness, injury, or death entitles you to benefits, just like worker's comp. A successful negligence claim would result in far greater damages awarded.
While healing, maintenance, and cure will pay your everyday living costs. Until you achieve a point of maximal medical improvement, you will also be recompensed for your medical bills.
Therefore, if you've been hurt on the job while sailing the seas, you should consult with a knowledgeable cruise ship injury attorney. The attorney will inform you if you have a case and how much money you're entitled to get due to your injuries.
Is there a Difference Between the Jones Act and Standard Workers' Comp?
They are similar.Neither the employer nor the insurance provider can reject benefits to a seaman who can prove that their injuries happened while performing duties related to the job. Whether or not an employee was at fault in an accident, they are still entitled to benefits according to the Jones Act and other similar workers' compensation legislation. These payments indemnify for medical bills, lost wages, and similar occurrences.
However, the Jones Act does permit workers to file claims based on negligence, which is prohibited by workers' compensation rules. A worker could launch an injury claim against an employer for negligence. However, they must prove gross negligence and the need for benefits above those provided by the Jones Act to win.
In Miami, many cruise line workers and passenger slip and fall accidents result from negligence. The victims can file their claims with the cruise lines directly or through an attorney. Certain federal laws protect people injured while working on the ship. The first step in recovering damages for your injuries is to speak with a lawyer with experience with these kinds of cases.