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Jones Act Lawyer Ellensburg

  1. A Jones Act Lawyer Can Help You Understand Your Options
  2. What to Know About Recovering Damages Under the Jones Act
  3. Our Lawyers Can Prove Negligence Caused Your Injuries
  4. Frequently Asked Questions About Pursuing Damages Under the Jones Act
  5. Contact an Ellensburg Jones Act Lawyer From Herschensohn Law Today

If you were injured as a maritime employee, you are likely covered by the Longshore & Harbor Workers’ Compensation Act (LHWCA). However, LHWCA benefits only go so far. You may have other options. You may be able to pursue compensation under the Jones Act. But what goes into this process? What happens if you don’t know where to begin?  

You don’t have to parse through complicated legalese or get a law degree to seek benefits. Instead, you can entrust your case to a Jones Act lawyer serving Ellensburg. Herschensohn Law has been instrumental in developing Washington State legislature that governs how maritime workers seek benefits, and we can help you secure financial recovery. Call (206) 588-4344 to begin a free, no-obligation case review. 

A Jones Act Lawyer Can Help You Understand Your Options

The aftermath of suffering a maritime injury can quickly get complicated. You might worry whether you have options at all.  

Here’s a bit of reassurance: no matter how your injury took place, if you were injured during the normal scope of your job-related obligations, you have financial recovery options. These options include: 

  • Pursuing damages under the LHWCA. Per the U.S. Department of Labor, this program offers compensation for medical care and vocational rehabilitation services. 
  • Suing your employer. Under the Jones Act, you can sue your employer if their negligence led to your accident and injuries. Suing under the Jones Act can offer you additional compensation. 

We can evaluate your options as soon as we learn about your situation. 

What You Can Expect From Your Jones Act Lawyer Serving Ellensburg 

A Jones Act lawyer from Herschensohn Law can:

  • Explain the difference between the Jones Act and the LHWCA 
  • Build your case based on the evidence we gather (and you provide) 
  • Review the severity of your condition using medical evidence 
  • Discuss your options for receiving optimal compensation
  • File a lawsuit, if needed 

Maritime law can get very complicated, and the involved attorneys will be very experienced in handling these cases. In a situation like this, you want legal counsel on your side. While you recover from your work-related condition, we can advocate for your best interests, whether through a claim or lawsuit. 

We Offer Comprehensive Legal Help on a Contingency-Fee Basis 

Attorneys have a reputation for being expensive. Yet, you don’t have to be wealthy to afford legal help. In fact, you don’t have to have a dime in your savings account. That’s because Herschensohn Law works on a contingency-fee basis. This arrangement allows anyone to afford legal help regardless of their financial standing. 

But how does this work? First, we sit down and discuss the facts of your case. Then, we explain our fee agreement—we’ll take a percentage of your settlement or court award when you win your case. You’ll know this percentage from the very beginning, and you’ll get a copy of our agreement in writing, so you know what to expect. 

You can learn more about our contingency-fee arrangement during a free case review. 

What to Know About Recovering Damages Under the Jones Act

While those who work on land can file basic workers’ compensation claims to recover benefits, it is more complicated for maritime workers. So, the federal government passed the Jones Act to ensure that those who work on vessels have financial recovery options after suffering a serious injury. 

To be eligible to receive compensation under the Jones Act, you must:

  • Spend at least 30% of your working hours aboard a vessel
  • Be a seaman on a vessel that is operational and in navigable waters
  • Contribute to the work or operation of the vessel

If you meet all three of these requirements, then you can file a claim under the Jones Act. 

What types of damages you can recover depend on your situation. There are two types of claims, and we can help you manage both concurrently. Your options may include filing a: 

Maintenance and Cure Claim

When you file a maintenance and cure claim, you don’t have to prove fault. Rather, you show that you were injured while on the job and deserve damages. A maintenance and cure claim is very similar to the standard procedure for seeking workers’ compensation. 

If approved, the liable party must provide you with proper compensation for daily living expenses (maintenance) and medical expenses related to your injury (cure). You’re generally eligible for these benefits, even if your own negligence contributed to the incident. 

Negligence Under the Jones Act 

You can sue your employer if you suffered injuries or lost a loved one while on a maritime vessel. 

Suing your employer requires you to prove negligence—another thing our firm can help you with. Proving negligence involves showing that because another party put your safety at risk, you were injured and have quantifiable damages. 

Through a Jones Act claim, you could seek financial recovery for your medical bills, lost wages, out-of-pocket expenses, and pain and suffering. 

What Is Vessel Negligence?

Vessel negligence is when an employer fails to keep a vessel reasonably safe. For instance, if a vessel’s crew fails to implement regular safety checks, workers could suffer injuries. If vessel negligence played a role in your accident and injuries, you could seek damages through the Jones Act.

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Our Lawyers Can Prove Negligence Caused Your Injuries

Proving negligence is a key component if you’re seeking damages through a Jones Act claim. Yet, while dealing with a serious condition, you might struggle to prove negligence on your own. That’s where we come in. 

Our team can assemble the evidence needed for a successful claim. Then, using the information we gather, we can assert that: 

  • Another party owed you a duty of care. For instance, a vessel’s owner has a duty to perform regular maintenance on all equipment. 
  • Another party violated their duty of care. Someone acted without regard for others’ safety. The vessel’s owner failed to maintain the necessary equipment.
  • This breach caused your injury. You suffered injuries due to the unmaintained equipment. 
  • You have damages. Finally, your lawyer can illustrate that because you were hurt, you have damages arising from the incident, such as medical bills and lost income. 

Herschensohn Law manages every aspect of your injury claim. From gathering evidence to proving negligence, we do everything in our power to build the strongest possible case. 

Frequently Asked Questions About Pursuing Damages Under the Jones Act

It’s understandable to have questions after suffering an injury aboard a maritime vessel. Some of your questions may include: 

Who Is Eligible for Damages Under the Jones Act?

Eligibility is complex; you may qualify and not know it. People who may be eligible for a Jones Act claim include: 

  • Those who filed an LHWCA claim but received a settlement that did not formally adjudicate them of their seaman status.
  • Those whose eligibility is determined on a case-by-case basis. These workers are also known as twilight workers because, in some instances, they will be covered under the Jones Act, and in others, they will be covered under the LHWCA. 
  • Those who work for fishing companies that elect to pay their employees with Alaska workers’ compensation. 
  • Those who do not know they are working on a vessel.
  • Those who are working as a longshoreman or another type of harbor worker and are injured due to vessel negligence, per 33 U.S.C. Chapter 18 § 905(b)

What if You Are Unsure if You Qualify to File Under the Jones Act?

You can research the Jones Act and how it pertains to you. Or, you could consult with our Ellensburg Jones Act lawyers. We can answer all your questions and provide you with advice on how to move forward with your claim.

How Long Do You Have to File Under the Jones Act?

46 U.S.C. § 30106 states that you generally have three years from the time of your injury to file a lawsuit under the Jones Act. Building your case can take time, so contacting an attorney shortly after you suffer your injury ensures they have adequate time to thoroughly explore your case.

At Herschensohn Law, our lawyers will work tirelessly from the time we are hired to file your claim within the applicable deadline. Yet, we must learn about your case in a timely manner before we can advocate for you. 

“Zach will always take time and give you quality advice that you can trust. Highly recommended!”

- P.R., Katy, WA

Contact an Ellensburg Jones Act Lawyer From Herschensohn Law Today

If you are a maritime worker who was injured in Alaska or on Alaskan waters, then you deserve to recover compensation for your damages. After your injury, you may feel overwhelmed as you try to navigate your financial recovery options. Yet, in a time like this, you’re not alone. 

At Herschensohn Law, our lawyers can help you understand your next steps. We can assist by building your case, filing your claim, and negotiating for what you deserve. Contact our Ellensburg Jones Act lawyers at (206) 588-4344 for a free consultation.

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