If you are a seaman, you already know that you are protected by the Jones Act & General Maritime Law in case you suffer an injury while working offshore. Two of the most important inherent rights this legislation gives offshore workers, are Maintenance and Cure. However, many employers refuse to pay what is fair by law, forcing the injured one(s) to accept unfair terms of termination of services, or to be submitted to long legal processes in which the medical treatments have to be paid by the worker him/herself.
There are four basic rights that sea workers are entitled to receive without any obstacles. The first one is Cure. The Jones Act assures a right to medical care to seamen by all means: any employer must pay for reasonable medical care related to any sort of medical conditions that can be manifested while his/her employees are in service.
Second, all seamen are entitled to receive Maintenance. This right goes together with Cure. It means that the employer is obligated to pay a daily amount of money for the time the employee is under medical care. He/she must pay what it costs for the employee to live on land, usually from US$15 to US$30 per day. However, if you suffered injuries due to your employer's negligence, you are entitled to file for a separate Jones Act lawsuit. As a result, you are able to recover close to US$100,000. Nevertheless, if you decide to file for a lawsuit, you have to make it quickly because of the Statute of Limitations. Statute of Limitations give you a limited time to set a legal claim, past-post this period (that depends on the legislation of every state), your right to look for compensation will expire.
Third, another right that employees have in case they want to file for a legal claim is the Settlement or Lawsuit under the Jones Act. In addition to maintenance and cure, the employer has to pay for the damages caused due to the injury. To recover compensation and damages, the employee must prove fault of the employer and liability. Jones Act damages include the right to recover past and future economic damages or lost wages, mental anguish, pain and suffering, disfigurement and medical expenses.
Finally, seamen are also entitled to Third Party Lawsuits against Negligent Contractors, Suppliers and Other Legal Entities. This only refers to the right offshore workers have to file a lawsuit against other entities or parties that have been negligent and have caused him/her injuries. A situation like this can be filed under Jones Act Cause of Action, and if happening, the employee can also look for fair compensation for damages. Any entity involved in the safety and reassurance of rights for offshore workers, must take responsibility in case of any eventuality.
These are just a few of the rights you are entitled to if you are a seaman. Do not let your employer go over them or maybe try to deal under different regulations that will affect you in the end. Get informed, look for legal documents that refer to your jobs within your state and be prepared. Do not wait for an unexpected situation to happen before getting acknowledged with your own rights.