Last Updated on March 6, 2025 by The Young Firm
You face unique challenges in seeking fair compensation when you’re injured at sea or during any maritime work. The Jones Act protects seamen like you, allowing you to file claims against your employer if negligence contributed to your injury.
Damages in a Jones Act claim cover much more than just medical bills. Knowing how these damages are calculated can impact the total compensation you receive. Here’s some information on how a maritime accident injury lawyer can help ensure you seek the full extent of damages under the act.
Breaking Down Damages in a Jones Act Claim
Damages in a Jones Act claim aren’t just a lump sum to cover a broad spectrum of losses. They’re divided into categories that reflect specific types of harm and losses you might experience after a maritime injury. These include:
Medical Expenses
Medical expenses in a Jones Act claim cover every aspect of your treatment, from the emergency response immediately after your injury to ongoing care and rehabilitation. Medical expenses for a maritime injury can be extensive, often including surgeries, physical therapy, and specialized treatments.
Your maritime accident injury lawyer can help identify every possible expense related to your care. These expenses include your current medical bills and anticipated future costs. A comprehensive approach to medical expenses ensures you don’t shoulder additional costs for injuries requiring long-term care.
Lost Income and Future Earnings
When you’re injured, you’ll likely need time off to heal. For some, an injury can be so severe that returning to work is no longer possible. Lost earnings in a Jones Act claim cover the immediate income you lose while out of work, but the calculation doesn’t stop there.
Future earnings, or “loss of earning capacity,” addresses income you should have made if you hadn’t been injured. Factors such as your age, experience level, and career trajectory all play a part in determining the value of lost future earnings. An attorney can work with vocational and economic experts to project the income you reasonably expected, helping you receive compensation that aligns with your career potential.
Pain and Suffering
Pain and suffering may not come with a specific price tag, but these damages are a fundamental part of a Jones Act claim. Pain and suffering address the physical pain, mental anguish, and emotional distress you experience after a maritime accident. While no amount of compensation can erase the trauma, pain and suffering damages acknowledge what you’ve endured.
Calculating these damages can be challenging because they’re subjective. Many factors influence the award, such as the severity of your injury, how it affects your daily life, and whether it’s likely to cause ongoing pain or impairment. A skilled lawyer can argue for an amount that truly reflects what you’ve gone through.
Unique Elements in Jones Act Claims: “Maintenance and Cure” and Unearned Income
Aside from traditional damages, maritime injury claims include unique benefits called “maintenance and cure” and the potential for unearned income. Here’s what these terms mean and how they apply to your claim.
Maintenance
Maintenance is a stipend to cover your living expenses while you can’t work. It typically includes necessities such as housing, food, and utilities. Maintenance payments continue until you reach “maximum medical improvement” (MMI), or the point where further treatment won’t improve your condition.
While it sounds straightforward, employers often try to keep maintenance payments as low as possible. A maritime accident injury lawyer helps by verifying that you receive an amount that genuinely reflects your living expenses, ensuring you’re not short-changed during your recovery.
Cure
Cure refers to the medical care and treatment required to recover from your injuries. Cures can include doctor’s visits, surgeries, medications, physical therapy, and any other reasonable treatment necessary to heal. Cure benefits continue until you reach MMI.
Unearned Wages
If you’re injured while employed on a vessel, you’re entitled to the replacement of what you should have earned if you had remained on the job. “Unearned wages” cover the period from the date of your injury until the end of your employment contract or voyage. This benefit is distinct from other lost income, as it applies to a very specific period and reflects the commitment of your employer to provide financial support while you’re unable to work.
Proving Negligence to Maximize Your Jones Act Damages
Under the Jones Act, you can claim damages if your employer’s negligence played a role in your injury. Proving that negligence, however, can be straightforward in some cases and complex in others.
Maritime work comes with unique hazards, and every detail counts when proving your claim, from vessel maintenance records to witness accounts and documented safety practices. A maritime accident injury lawyer will gather and present the necessary evidence to prove your employer’s negligence, ensuring you can seek the full compensation you deserve.
Unsafe Conditions on the Vessel
Maritime injuries often result from unsafe conditions on the vessel. Employers are responsible for maintaining a safe environment, and failure to do so can lead to severe accidents. Common unsafe conditions include slippery decks, poorly maintained equipment, and inadequate safety gear.
For instance, slippery decks without proper non-skid surfaces or wet areas without clear warnings create a high risk for slips and falls. In addition, equipment that’s improperly maintained or past its inspection date can malfunction, leading to injuries.
In proving unsafe conditions, your attorney gathers detailed evidence, such as maintenance logs, inspection records, and witness statements. Photographs and videos of the conditions that contributed to your accident can also play a critical role in illustrating the vessel’s state. This documentation can establish a clear link between the conditions onboard and your injury, strengthening your case that your employer’s negligence caused the accident.
Lack of Proper Training
The maritime environment requires specific skills and knowledge, making proper training essential for crew safety. Employers must provide training that prepares workers for the hazards they’ll face on the job. When an employer fails to offer sufficient training, they increase the risk of accidents and may be held accountable for injuries that result from this negligence.
Training should also cover emergency protocols, handling hazardous materials, and equipment safety. If your employer didn’t provide this kind of training, they failed in their duty to ensure you can perform your tasks safely.
In building a case around a lack of proper training, your maritime accident injury lawyer may collect evidence like training manuals, attendance records, and testimonies from other crew members. This evidence can demonstrate that your employer failed to equip you with the skills needed to work safely, supporting the argument that their negligence led to your injury.
Failure to Follow Safety Regulations
The maritime industry is highly regulated, with strict standards that govern equipment maintenance, operational procedures, and safety practices. These regulations exist to protect crew members from preventable accidents, and employers are legally obligated to follow them. If your employer ignored these standards, that violation can be clear evidence of negligence under the Jones Act.
Safety regulations cover everything from proper equipment maintenance to emergency preparedness and safe working practices. For instance, an employer might overlook routine maintenance schedules, skip safety drills, or use equipment that isn’t up to code. Any one of these oversights can lead to dangerous situations and potential injury. Employers must adhere to regulations set by agencies like the Occupational Safety and Health Administration (OSHA) and the U.S. Coast Guard, which outline comprehensive standards for maritime safety.
An attorney will carefully examine safety records, maintenance logs, and inspection reports. They might also interview other crew members and experts who can attest to the presence of safety violations. If your employer failed to follow these regulations, this negligence will provide a strong foundation for your claim.
Maximizing Your Damages with a Strong Negligence Claim
The Jones Act allows you to seek damages for medical expenses, lost earnings, pain and suffering, and other costs resulting from your injury. Proving employer negligence is essential to maximizing these damages, as it establishes your employer’s direct responsibility for your accident. Working with an attorney ensures that each area of negligence, whether related to unsafe conditions, improper training, or regulatory failures, is thoroughly documented and presented in your claim.
Each of these elements represents a breach of duty that can significantly affect the outcome of your case. By identifying and proving these points of negligence, you strengthen your claim and put yourself in a better position to receive the full compensation you’re entitled to under the Jones Act.
How Economic Experts Can Help Determine Damages
Determining damages in a Jones Act claim often involves input from economic professionals. These professionals specialize in projecting future costs, lost earnings, and other financial impacts of an injury. Your attorney collaborates with them to create a detailed picture of how your injury affects your finances both now and in the future.
Projecting Future Medical Costs
Future medical costs are a significant part of the damages calculation for long-term or permanent injuries. Economic analysts assess the types of care you’ll need, such as ongoing therapy, medications, or surgeries, and project these expenses over the expected duration of your recovery. This projection helps ensure you receive adequate compensation for future needs.
Calculating Lost Future Income
Economic professionals also help estimate lost future income. They consider factors like inflation, projected raises, and career advancement to provide an accurate picture of what you should have earned if you hadn’t suffered an injury. This calculation is especially important if you can no longer work in your field.
Factoring in Inflation and Cost of Living
When calculating damages for long-term needs, it’s essential to account for inflation and increases in the cost of living. A damage award that seems sufficient now may fall short over time if these factors aren’t considered. Your maritime accident injury lawyer will factor inflation and cost of living adjustments into your award so your compensation remains relevant in the future.
Unique Considerations for Long-Term or Permanent Disability
If your injury results in a long-term or permanent disability, the calculation of damages becomes even more complex. Permanent disabilities affect not only your physical capabilities but also your financial stability, family dynamics, and lifestyle.
Home and Vehicle Modifications
A permanent disability may require modifications to your home or vehicle to accommodate your new needs. These modifications might include installing wheelchair ramps, adjusting bathroom facilities, or retrofitting a vehicle for accessible driving. Damages for home and vehicle modifications ensure you can make the necessary adjustments without incurring additional out-of-pocket expenses.
Lost Quality of Life
When your injury permanently affects your ability to participate in activities you once enjoyed, damages for lost quality of life may be appropriate. This compensation covers the loss of experiences, hobbies, and social interactions impacted by your injury.
In-Home Care and Assistance
Some injuries require ongoing in-home care or assistance with daily tasks. If you need help with activities like bathing, dressing, cooking, or mobility, your damages should include related expenses. In-home care can be a substantial cost, and ensuring these needs are covered prevents financial strain in the future.
Please Contact a Maritime Accident Injury Lawyer
A maritime accident injury lawyer can make a substantial difference in the outcome of your case by ensuring you receive compensation that reflects all aspects of your loss. The calculation of damages in a Jones Act claim is complex, involving many types of losses and unique considerations specific to maritime law. Having an attorney who understands the ins and outs of this process ensures you’re not left facing unexpected costs down the line.
Filing a Jones Act claim can seem impossible, but a skilled maritime accident injury lawyer can take the burden off your shoulders. From gathering evidence to calculating damages and handling negotiations with your employer’s insurance company, an attorney pursues your claim thoroughly and professionally. Ultimately, you’ll be left free to focus on your recovery while knowing your rights are protected.
Get in touch with a maritime accident injury lawyer as soon as possible so they can protect your rights and seek every dollar you have coming under the law.
