Most lawyers never represent a maritime client. Nadrich & Cohen does. We are familiar with Jones Act negligence claims and general maritime law unseaworthiness claims.
THE JONES ACT CONCERNING UNSEAWORTHINESS
The Jones Act is a federal statute dating back over 90 years that essentially expanded the rights workers had under the Federal Employees Liability Act (FELA) to seamen. It is called a statutory remedy and is not negligence under common law. It provides as follows:
“A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action with the right of trial by jury against the employer. The laws of the United States specifically regulate the rules for recovery for personal injury or death to a seaman applied to an action under this section.”
The Jones Act provides that a seaman has a right to legal action against the employer for negligence even if the employer’s negligence was very slight in causing the injury. All Jones Act employers have the duty to provide a reasonably safe place to work.
For the Jones Act to apply the injury must have occurred during the course of employment and there was some negligence on the part of the employer and that this negligence was the cause either in whole or in part of the seaman’s injury.
We prevail in our Jones Act claims by proving the following:
- That when the injury occurred, our client was acting in the course and scope of his employment as a member of the crew or vessel;
- That the defendant, ship owner or other defendant was negligent in some manner;
- That that negligence was the cause of our client’s injuries.
We represent injured seamen throughout California and nationwide.
We handle seamen and all those who are eligible for Jones Act compensation benefits. The Jones Act is a federal law solely for the benefit of seamen injured on the job. It provides qualified injured workers the right to sue their employer when their employer’s negligence causes the injury. There is much more to the Jones Act.
The Jones Act provides as follows:
- The right to receive medical treatment timely and with dignity;
- The right to sue the employer for negligence;
- The right to sue a ship owner for unseaworthiness due to a dangerous or defective condition which caused the injury.
If you or a loved one has been injured while working, or while on a boat, ship or in any occupation covered under the Jones Act, you are eligible for financial compensation and should contact our lawyers today.
Longshore Act Disability Benefits
We are Longshore Act disability lawyers.
The Longshore Disability Act covers employees who are entitled to medical care while injured on their job and provides them with compensation for temporary and permanent disabilities. You can obtain compensation of up to 2/3 of your gross (before tax) earnings.
Permanent and temporary disabilities are recoverable under the Longshore Act.
Under the Act your employer is supposed to volunteer these benefits but sadly this doesn’t always occur. You are entitled to these benefits and should contact us to make sure all of the benefits you are entitled to under the Longshore Act are being provided to you.
Aboard the ship Longshore workers can experience dangerous and defective conditions caused by negligence of ship owners trying to provide, for the least expense possible, safety on the ship. This includes in the cargo holds or on deck while doing your job including lashing gangs which unlash the ship in short order so that the unloading can begin.
We are Longshore Act and Jones Act attorneys.
We provide a free consultation so you understand how best to obtain the benefits you deserve.
Unseaworthiness is not negligent conduct. It is a condition. We have to show that the vessel or the equipment or crew was defective in some way.
A shipowner has an absolute duty to provide a seaworthy vessel. The duty is to have a vessel and its equipment and crew reasonably fit for its intended use.
The way we win these cases is by proving the following:
- That the condition played a substantial part in our client’s injuries, and;
- That the condition was the cause of the injury.
The Jones Act allows for the right to jury trial. We bring Jones Act claims in federal court and always seek a jury trial. Our clients have the right to a trial of their peers.
If you or a loved one suffered a Seaman or Jones Act related injury please contact the experienced lawyers at Nadrich & Cohen. We have offices throughout California and handle these claims throughout the country. Please call for a free confidential evaluation at 1-800-718-4658.
We also handle Jones Act cases nationwide. We are contingency lawyers so our representation is on a contingency basis only. None our clients have to pay anything out of pocket.