No, The Jones Act does not put strict caps or limits on how much money a maritime worker can receive if they get injured while working at sea. This means they might be able to receive more compensation for medical bills, lost wages and pain and suffering. However, it is not always simple. How much you receive can depend on a variety of factors.
What factors do courts consider?
When cases go to court, several factors influence the amount of compensation a judge or jury might award:
- Severity and long-term impact of your injury, including pain and suffering
- Your age, life expectancy and earning capacity before and after the injury
- The degree of negligence by your employer and your own potential contribution to the accident
- The cost of your medical treatment, both past and future
- The amount of wages you’ve lost and may lose in the future
The court will carefully review evidence related to these factors, including medical records, expert testimonies and financial documentation.
Specific circumstances may affect the amount
While The Jones Act doesn’t set strict limits on compensation, there are some considerations that can affect how much money you might receive. Here are some key points to keep in mind:
- Maintenance and cure: Your employer usually stops payments when doctors determine you’ve reached “Maximum Medical Improvement” (MMI). This means your condition is stable and unlikely to improve further, even with more treatment.
- Lost wages: You can typically only claim wages you could have reasonably earned if the injury hadn’t occurred.
- Punitive damages: Courts in some areas may limit extra money they award to punish extremely negligent behavior by employers.
- Employer’s finances: Your employer’s financial capacity or their insurance policy limits may affect the amount you receive.
Your own role in the accident plays a crucial part in determining your compensation. The Jones Act follows a “pure comparative fault” rule. This means that if the court finds you partly responsible for the accident, they may reduce your compensation. This rule applies regardless of which state court hears your case.
Know your rights and benefits
Navigating maritime law can be as challenging as the seas themselves. If you are unsure about what steps to take after an injury at sea, an attorney can help clarify your options.