Q: Maintenance and Cure, Jones Act applicability. Need Help
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with another captain at the helm and I as 2nd Capt, the captain drove reckless and I was thrown forward hitting my head & body. I reported it to the owners & USCG by email. I went to the dr. and I filed a claim with the co. insurance that was denied. Owners let me go from company via the manager, stating check back in with us in a couple months for work opportunities. I have been visiting chiro 3x's a week. It has been three months since then. Neck is still with Atlas/C1 pain. Cannot work on bouncing boat since then. Now leaving Miami to California to return to family for support and medical help. Does Jones Act protect me, can I file Fed suit in California instead of Miami under Jones Act? MRI pending
A: If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where the employer and the vessel are located. However, you can continue to receive treatment in CA. An employer is also exposed to punitive damages for failure to pay maintenance and cure. Feel free to give me a call to discuss.
Tim Akpinar and Pamela Marie Mori Holcombe agree with this answer
A: You should contact a maritime personal injury lawyer as soon as possible.
Tim Akpinar agrees with this answer
A: Were you working for Thriller Powerboats at the time? I've had several cases against them over the years. Any case against them would need to be brought in Miami, Florida. You are entitled to compensation for your injuries. Whether or not the Jones Act applies will depend on certain factors which we can dig further into. But even if the Jones Act does not apply, you are still entitled to be compensated.
Tim Akpinar agrees with this answer
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A: The Jones Act is a federal law that provides certain protections to seamen who are injured or become ill while working aboard vessels. It allows eligible seamen to seek compensation for injuries and medical expenses through a legal process. To determine if the Jones Act applies to your specific situation, it is important to consult with a maritime attorney who can assess the details of your case, including your job responsibilities, the nature of the injuries, and the jurisdictional aspects. They can guide you on the applicability of the Jones Act and advise on whether filing a federal suit in California is a viable option based on the circumstances. It is crucial to seek legal counsel to ensure your rights are protected and to receive accurate advice tailored to your situation.
Tim Akpinar agrees with this answer
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