Unspecified Injuries Claimed Under Jones Act
Maritime injuries can be troublesome to deal with, as are most injuries. What makes things unique with maritime injuries is that they are filed under the Jones Act, the law that covers maritime injuries.
This law was set up for the unique circumstances that surround maritime injuries. It is a federal law that allows injured seaman or sailors to obtain damages from employers on the account of negligence caused by the crew, vessel, or captain of a ship.
Written on paper (metaphorically speaking), this law seems simple and straightforward. In the real world and in court rooms, things do not always play out so straight forward, hence the need for maritime injury lawyers.
Maritime Injury Claim
Previous articles in this blog have discussed the Jones Act a little further. Instead of dealing with some of those issues here, we will take a look at a case described in the Southeast Texas Record where an injured worker has filed a claim under the Jones Act due to unspecified injuries.
Jorge Ayala, a former worker for Global Industries Offshore, claims that he sustained injuries on the job while working on a ship. He claims that these injuries were not only severe but also debilitating.
These unspecified injuries were claimed to be a direct result of an unseaworthy craft as well as an unsupervised crew. As mentioned in previous articles, these causes of an accident are technically covered under the Jones Act.
Stipulations of Maritime Injury Claim
Due to the preventative nature of these injuries in Ayala’s ability to work, the article from Southeast Texas report has described Ayala’s stipulations of the claim. Specifically, that he is seeking “exemplary and punitive damages, plus costs, attorney’s fees, pre- and post- judgment interest and other relief he may be entitled.”
We hope Ayala is able to recover from the injuries sustained and that for the sake of his case, he is able to specify those unspecified injuries. Without specifying those injuries, it seems difficult to file a claim under the Jones Act over those injuries. These sort of ambiguities make for difficult maritime injury cases.