Workers’ Rights After a Shrimp Boat Accident

In the United States, most employees are covered by legislation that preserves workers’ rights. Employees who work on a shrimp boat will be covered by different laws than full-time, covered employees who work on the land. Accidents on the water will also have a slightly different claim procedure and are a bit more restrictive on what is claimable. 

The Jones Act

All commerce that is conducted on or across the water is considered maritime trade. Maritime trade is covered by different laws and regulations at both the state and federal levels in the United States. The Jones Act is the piece of legislation built around providing protections for maritime workers like sailors and fishers. Any type of accident on a shrimp boat, since it is a commercial vessel, will be included under the provisions of the Jones Act. 

Seamen aboard ships, barges, and fishing boats are all covered by the Jones Act. It supports workers’ compensation claims made by maritime workers and passengers. One significant difference between the traditional workers’ comp and Jones Act is that injured maritime workers’ compensation is dependant on someone being “at fault” for the accident. Regular workers’ comp is a “no-fault” system, meaning all workers should be covered no matter what. 

Making a Jones Act Claim 

Making a claim under the Jones Act is very similar to the process for making a workers’ compensation claim. But it is important to get the ball rolling as soon as possible. Fortunately, you can easily navigate your settlement agreement with expert advice.

Report the Accident

Reporting your injury to the ship’s captain or your supervisor needs to be the first step you take if you have not yet done so. Federal maritime law requires injuries to be reported within seven days of the incident. The sooner you start the process for a workers’ comp, or Jones Act claim, the better. Insurance companies frown on any sort of delay between an injury and a report being made. 

Hire a Lawyer

At this point, if you have already had any doubts over the success or ease of your claim, you should have secured a workers compensation lawyer or a personal injury lawyer. Many legal professionals from a workers comp law firm specialize in worker’s comp and personal injury lawsuits. They can advise you on your official statement, so you can avoid common pitfalls. 

Because someone will need to be at fault for your claim to be covered under the Jones Act, maritime accidents are more likely to turn into full-blown trials in court. The at-fault party could be your company or supervisor if they can be proven negligent or incompetent. The at-fault party could also be a manufacturer or maintenance worker if the accident was the result of poorly designed or improperly maintained vessels or equipment. 

Make a Statement

Next, either a representative of your company or your company’s insurance company should take an official statement. This will either happen immediately after the accident or when you are able to return to make a statement after receiving medical care. 

Your official statement can have a substantial impact on the outcome of your claim, so feel free to delay this step until you have consulted an employment lawyer at hkm.com. Usually, insurance companies will use anything said in a statement they can to avoid paying out a claim. 

There is even typically a space on a form to say who is at fault. Deciding what to write there is a crucial decision. If you do not express that your company is at fault, it can be hard to receive compensation. However, companies typically do not like to rehire employees who point this blame at them. 

See a Doctor

You should also seek out medical attention as soon as possible. Any delay between the injury and medical treatment might make the damage look less severe. Even if you are not urgently wounded, get the opinion of a medical professional with haste. 

The documentation a doctor provides will be helpful even if you are not showing signs of an injury. In many accidents, some resulting injuries can be insidious and hard to detect, like concussions. 

Settle Your Claim or File a Lawsuit

At this point, your claim should be accepted and paid out by the insurance company. If they fail to do this or refuse to work with you on reaching a settlement, you may need to take the claim to court. This can be a long and expensive process, often taking over a year to reach a courtroom. Optimize your success through thoughtful planning and sound legal advice. 

Author’s Bio – Michelle Eddy

Michelle Eddy is a staunch consumer advocate, fresh libertarian convert, and proud mother of three. Besides her legal career, she enjoys blogging about topics related to her expertise and life experiences, like parenting, child development, education, and law. In her writings, Michelle places emphasis on helping people to fight for their rights. She also works as a collaborative editor for Laborde Earles Law Firm. Her favorite quote is: “Sir, we are outnumbered 10 to 1″. “Then, it is a fair fight”.