Working on a vessel can be dangerous, but you deserve compensation if you are hurt on the job. If another party’s negligence led to your injuries, you could file a claim or lawsuit under the Jones Act to recover compensation. However, due to the complex nature of these claims, you don’t want to pursue damages alone.
It can be even more complicated when you live in one state and work in the waters of another state. For example, if you live in Graham and work in Alaska or on Alaskan waters, a Graham Jones Act lawyer from Herschensohn Law can manage your case and everything it entails. Our personal injury team can gather evidence to demonstrate your case’s required elements, then negotiate for what you need. Call (206) 588-4344 to begin a free case review.
Most employees in Washington State can’t sue their employers after an on-the-job injury. That’s because they’re covered by workers’ compensation programs. Seamen do not have that benefit. So, to recoup their injury-related losses, they can file a claim or lawsuit under the Jones Act to hold the negligent party financially accountable.
Sometimes, workers get confused about whether they qualify for compensation under the Jones Act or the Longshore and Harbor Workers’ Compensation Act (LHWCA). The easiest way to remember the difference between the two is to remember that the Jones Act is for those who do most of their work aboard an operable vessel.
To qualify for coverage under the Jones Act, you must:
If you meet each of these requirements, then you can recover compensation under the Jones Act.
Someone may also qualify for coverage under the Jones Act if:
Some people spend their entire careers working aboard vessels and don’t even know it. If that’s the case in your situation, you could partner with a Graham Jones Act lawyer from Herschensohn Law. We can evaluate your case and explain how to proceed.
If you are a seaman who suffered an injury while working, then you could recover compensation under the Jones Act. While you can always try to secure financial recovery by yourself, you could benefit from hiring Herschensohn Law and having us do all the work.
Our attorneys have handled numerous maritime lawsuits, and we use our knowledge of the law to help you. We fight for optimal financial compensation while you recover from your injuries. Here’s what you can expect when you partner with our law firm serving Graham:
Herschensohn Law helps injured maritime workers on a contingency-fee basis. In this arrangement, you pay nothing upfront or out of pocket. Compensation for our attorney’s fees comes from your settlement or court award. We don’t charge by-the-hour rates, retainers, or other related fees. What’s more, if your Jones Act case doesn’t succeed, you don’t pay us.
The Jones Act notes that if another party caused your injuries, you could sue them and recover compensation. Yet, we need evidence to have a successful case. To build the strongest possible claim or lawsuit, your lawyer will:
Your employer must ensure that everything is properly maintained for the vessel to operate in navigable waters. They must also warn you of known dangers and avoid unsafe work practices. Additionally, they must only hire qualified, careful workers and provide training when necessary.
If they fail in either of these obligations, they could be financially liable for any injuries that happen while on the job. For example, if you slipped in grease that another crewmember didn’t clean up, you can hold your employer liable for failing to maintain a seaworthy vessel.
After your injury, you will likely hear from your employer’s insurance company. A representative may ask questions about your injury and how it took place. It’s important to be mindful of what you say; anything you disclose could compel the insurer to question your case.
Maritime law is very complicated, and you may not even realize that something is damaging to your claim. That is why, when you entrust your case to Herschensohn Law, we handle all case-related communications. We send and answer all phone calls, emails, and text messages––all without jeopardizing your case or settling for less than it’s worth.
By handling your case’s many obligations, we hope to give you the time and space needed to heal. At the end of the day, while we’re the face of your case, you make all the behind-the-scenes decisions, such as whether to accept a settlement.
Finally, we offer free consultations so that you can better understand how your Jones Act claim will work. We walk you through the process and explain everything, so you can feel confident moving ahead.
“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”
“Herschensohn Law worked by my side for almost four years when I was in an auto accident and were outstanding in everything they did! They went above and beyond to make my lawsuit as easy and stress free as possible for me while consistently showing genuine care for my wellbeing. They even recommended amazing health care professionals for my injuries! Anything/everything I may have been confused/concerned about was addressed/explained so I felt comfortable with each move made in my lawsuit. Professional, courteous and attentive are just a few words I would use to describe this law firm and although I hope to never be in a similar situation again - if I do, Herschensohn Law will be my first call!”
“Zach and his team performed beyond my expectations! I couldn't have had a better firm in my corner!”
“This was such a great experience.”
“Zach will always take time and give you quality advice that you can trust. Highly recommended!”
Under the Jones Act, you can recover both economic and non-economic damages. Here’s what to know about each:
Economic damages account for your financial losses. Examples include:
These damages have distinct monetary values associated with them. Your lawyer will use bills, receipts, and invoices to learn how much you’re owed. We may also consult with medical professionals and other experts to learn more about your projected care costs.
Non-economic damages include items that do not have distinct monetary values associated with them. These types of damages go above and beyond the expenses that you accrue as a result of your injury. They include:
Your employer may try to convince you to file for Alaska workers’ compensation benefits to avoid having to pay these damages. Yet, non-economic losses can comprise a significant portion of your recoverable losses.
If you are unsure about any aspect of your situation, we invite you to consult with our lawyers serving Graham. They can guide you through the process of determining your recoverable damages.
As you weigh partnering with a Jones Act lawyer on your claim, you may ask:
Generally, you have three years to file a Jones Act case. This is a strict deadline with very few exceptions, and judges won’t hear cases filed outside their filing periods. That’s why it’s so important to consider prompt legal representation. If too much time passes, you could lose the right to seek damages.
The value of your losses plays a large role in how much you can get through a Jones Act claim. Other factors that could increase your potential settlement include the severity of your injuries and the details of your accident.
You should visit a healthcare provider immediately after the accident. They can diagnose any “hidden” injuries and recommend a treatment plan. They can also supply much-needed information to bolster your case, such as imaging scans and other forms of written testimony.
Additional considerations include limiting your social media use and refusing to give a recorded statement. You don’t want to give the involved parties any more information than necessary. They could use anything you say to jeopardize certain aspects of your claim.
If you are a maritime worker injured on the job, knowing your rights can be the difference between a rewarding settlement and a disappointing one. Our lawyers can help you understand your options and move forward with a plan of action.
At Herschensohn Law, we are committed to helping our clients obtain the compensation they deserve. If you are a seaman who lives in Graham and was injured in an accident on Alaskan waters, then you have the right to recover compensation for your injuries. To understand how you can recover compensation for your damages, connect with our Graham Jones Act lawyers today at (206) 588-4344.
After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.
When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.
When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.
Hurt? Let our law firm handle the details
When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.
When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.
