I work as a cook on a Boson dinner cruise ship and fell lifting a heavy box. The anti-slip mats had recently been removed but they weren’t replaced at the time I fell. I ended up breaking my arm and needing therapy. I haven’t been released to return to work but I’ve been denied worker’s compensation benefits. Can I sue my employer for my personal injury?
You fall into one of the very few categories of workers that do not receive worker’s compensation benefits when injured on the job. When a seaman is injured in the course and scope of his job aboard a ship, he or she is entitled to bring a negligence suit under a federal statute called the Jones Act. Unlike land based personal injury cases, Jones Act litigation is very specialized and requires an attorney versed in maritime and Admiralty law. Different fault, causation, damage and contributory negligence rules apply in Jones Act cases. In addition to your rights under the Jones Act, you are entitled to medical benefits called Cure and a daily living allowance called Maintenance. If you are a union member, these benefits are in your contract.
Our Boston Maritime Injury Attorneys provide legal services to seamen and other individuals who are victims of maritime injuries in Boston harbor, Nahant Bay, Broad Sound, Quincy Bay, and Massachusetts Bay.