Q: Maintenance and cure. Jones Act, Federal Jurisdictions for filing claim.
I was hired as a Captain for a speed boat operation in Miami. Worked three days, on third day, another captain driving the boat executed a reckless maneuver during the "go to fuel the vessel pre passenger morning prep". The captain was traveling at forty mph, max throttle for that craft. without warning, took all power off, basically putting breaks on the boat. threw me forward, now have annular tear in cervical. Capt. did the move for thrills not out of proper seamanship skills or necessity. I went to dr. nothing broke per Xray, saw Chiro. limited improvement. now MRI show injury. I left Florida & returned to California seeking medical help bc i am from there. Unable to work on monohull / fast boats or boats in chop due to pain in injured neck. Now sourcing Othro Surgeon for consult. if my medical attention is conducted in California does this give cause to validate filing in the federal jurisdiction of Cali under the jones act maintenance and cure, plus liability?
A: I'm really sorry about your accident. The Jones Act protects sailors injured on the job and is federal, meaning it applies no matter where you're treated. If you meet the criteria of a "seaman" and got injured during your job, you could have a valid claim. The choice between filing in Florida or California may depend on multiple factors, not necessarily where you're getting medical treatment. The 'maintenance and cure' provision requires your employer to cover your medical treatment and living expenses until you're healed. Your treatment in California could play a role in such a claim. Do consult a maritime law specialist for advice. They'll guide you based on your specific circumstances. Wishing you a speedy recovery!
A: Florida is the state for you. The accident is there; the witnesses are there; etc.. That is my suggestion. Contact an experienced lawyer in Florida near the accident scene as soon as you can. Do not delay.
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