If you are a seaman and you sustained an injury while at work, then you may be able to claim damages under the Jones Act. However, there are several requirements that you must meet.
If you fail to follow the correct procedures, then your claim may not be successful. A personal-injury attorney who is well versed in the Jones Act can guide you through the claims process.
If you were injured while working on a boat, contact a Montgomery personal-injury attorney from Morris Bart & Associates, LLC. We can evaluate your case, gather evidence, structure your claim and handle settlement negotiations. If your case goes to trial, we have the litigation experience to find success in court.
Call 800-537-8185 to schedule a consultation. Until then, read on to learn four important steps to take when filing a claim under the Jones Act:
- Report the Incident
According to the Federal Maritime Commission, you must report the work-related injury within seven days. However, it is best to report the injury as soon as it happens. You can report it to the captain, your superior or any supervisor on the ship. If the seven-day timeframe expires, then the insurance company or at-fault party may refute your claim.
- Submit a Statement
Most shipping companies require injured workers to complete accident reports that detail the causes of their injuries. You should complete this report as soon as possible.
Do not fill out an incident report if you are feeling unwell due to the injury or medication. It may be wise to seek the help of a personal-injury attorney. If your injury was the result of negligence but you do not state this on the report, then it may be difficult to recover compensation under the Jones Act.
If you feel uncomfortable placing the blame on your employer, or if you feel this may jeopardize your future employment, then you can state that you are unsure who caused the accident. Do not give the insurer a written or recorded statement until you have discussed the matter with a personal-injury lawyer.
- Consult a Doctor
Seek medical attention as soon as possible after the accident. Your employer must take reasonable measures to ensure that you receive adequate care – even if you are at sea. This may involve a medical evacuation with the Coast Guard or treatment at a nearby facility. Once you are back in the United States, you should take control of your medical treatment and keep a record of all appointments.
- Contact a Personal-Injury Attorney
A personal-injury attorney can evaluate your accident and guide you through the claims process. Insurers may try to avoid paying for your medical treatment or manipulate you into accepting a settlement that will not cover your ongoing expenses. An accident lawyer can quantify your damages and represent your interests.
A Montgomery personal-injury lawyer from Morris Bart & Associates, LLC can evaluate your accident, gather evidence and handle settlement negotiations on your behalf. Schedule a consultation today by calling 800-537-8185.