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What you do after an injury connected with your service on a vessel can determine whether you can make a full recovery and qualify for compensation. The California Jones Act attorneys at the Law Offices of Preston Easley, APC can help put you in a position to win your case.
Although it is certainly understandable that you may want to take time to recover from your injuries, you must be active to an extent after a vessel-related injury. Not only must you take care of your health, but you must also take the first steps towards a legal process. The good news is that you do not have to try to handle your legal case on your own.
Learn how the California Jones Act lawyers at the Law Offices of Preston Easley, APC can help in your case by scheduling a free initial consultation. Call us today at (310) 773-5207 to get started.
Seek Medical Help Immediately
The hope is that the vessel that you were injured on had some sort of short-term medical care when you were on board, but that is far from the only help that you need. Even if you were treated on the vessel, you should seek immediate medical care when you are onshore. While an employer may be able to direct medical care when you are on the vessel, they do not have the ability to choose your doctor off the ship. Your medical care should be covered under maintenance and cure benefits, but you should not wait a long time for your employer to give their approval because your health and legal case could be at stake.
Report Your Injury to Your Employer
There are numerous reasons why you need to make an immediate report of your injury to your employer:
- It creates a contemporaneous record of the accident.
- You may be able to receive maintenance and cure benefits for your housing expenses and medical costs.
- The report can help establish that the injury was work-related
However, you also need to be prepared for your employer to begin to do everything in their own power to protect themselves legally, making it even more important that you hire a Jones Act attorney.
Preserve All Evidence of the Accident
Vessels are moving in nature, and the evidence that existed at the time of your accident could be lost quickly. You may have very limited ability to gather proof yourself, given your injury and the fact that you need medical care. From your standpoint, you should preserve all proof that you have in your possession. Your Jones Act lawyer will conduct their own investigation and gather evidence in the discovery process, but giving them your own evidence can help them with a sound starting point.
File for Maintenance and Cure Benefits
Your employer’s obligation to pay you maintenance and cure benefits is independent of your right to file a lawsuit under the Jones Act. Regardless of fault, your employer must pay for economic costs associated with your injury, such as medical care and your basic living expenses until you reach the point of maximum recovery.
You should file a written demand to your employer for your maintenance and cure benefits. If they deny your request, then you can take your case to court. Your employer can face legal consequences for an unreasonable refusal to pay. Again, it does not matter whether you intend to eventually file a lawsuit for negligence, or if you were even ultimately at fault for the accident.
Speak to a California Jones Act Lawyer
Jones Act cases are complex legal actions that depend heavily on the facts and interpretations of law in the court in which you file. There is virtually no such thing as a straightforward Jones Act lawsuit. If you try to face your employer on your own in court, they will almost certainly get the better of you. Injured seamen are not covered by workers’ compensation Insurance, so the legal stakes are very high.
At the same time, your employer may move to protect themselves legally by pressuring you to sign a release or admit certain facts. When you hire a California Jones Act attorney, they are your point of contact with your employer, meaning that you cannot be pressured.
Contact a California Jones Act Law Firm
If you were injured while working aboard a vessel, you may have rights under the Jones Act. A California Jones Act attorney at The Law Offices of Preston Easley, APC, can help you take action to pursue compensation for your injuries. Visit our website or call us today at (310) 773-5207 to arrange for a free initial consultation.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
