Jones Act Lawyers and Seamen Claims

Jones Act Lawyers and Seaman AttorneysJones Act Lawyers and Seamen Claims

Gerson & Schwartz, PA provide legal representation for seriously injured crew members and ship employees. For the last four decades, the Miami Jones Act lawyers and maritime attorneys at Gerson & Schwartz have litigated these complex claims of countless injury, accident and negligence victims. Whether you are a longshoreman who is injured or a maritime worker (seaman) who suffers injuries in an on-the-job accident, our personal injury law firm will fight for your legal rights.

Section 27 of the Merchant Marine Act of 1920, better known as the “Jones Act”, is a federal law established as means of protecting the rights of injured maritime workers who are legally considered “seamen.” Given that admiralty law does not provide one specific definition for the term seaman, however, an injured maritime employee must have the status of “seaman” before he/she has the legal grounds to file a Jones Act claim. The legal definition of a seaman is found under,46 USC Appx. § 688. Contacting an experienced maritime accident attorney in Florida is important to establish entitlement to these legal protections under federal law.

Protect Your Rights Under The Jones Act

Under the Jones Act, crew members that are injured on the job are entitled to have their medical bills, like hospitalization, physical therapy, and wages paid by their employer. These financial obligations usually by the vessel operators are called "Maintenance" and "Cure". The rationale for the right to receive “maintenance” and “cure” is due to the historical importance of traditional maritime activity with respect to international trade and commerce. These legal remedies were embodied in federal law in order to ensure the vitality of maritime activity by protecting crew members who risk their lives at sea.

For a seaman to obtain damages under the Jones Act, they must provide sufficient proof they were a seaman. This is the main difference between regular tort law claims as opposed to lawsuits filed under the Jones Act and those filed under the Workers Compensation Act. The difference is the injured employee does not need to prove that their employer was negligent in order to receive relief. Although the process of determining whether an individual attempting to file a Jones Act seaman claim is indeed a “seaman,” can be somewhat difficult, contacting a skilled and experienced admiralty and maritime law firm is the first step toward obtaining fair and just compensation.

Financial Compensation For Injured Seaman And Crew Members

"Maintenance" refers to the obligation to pay a seafarer or crew member wages if an injury causes or renders the crew member physically unable to work. Once entitlement is established the vessel or employer is obligated to continue to pay the crew member all his wages until for the duration of the voyage and until they are fit to return to duty. If never able to return to work, crew members may also be entitled to disability payments.

Seamen are also entitled to receive "Cure". Cure refers to the legal obligation of an employer to provide prompt medical care. The duty to provide prompt medical care to an injured crew member also includes to pay for all medical treatment reasonably related and medically necessary. If the vessel operator, or employer, violates this legal duty then the employer can subject to pay additional compensation to accident victims for their pain and suffering, attorney’s fees, and in some cases punitive damages.

For a Free Initial Case Consultation with a Jones Act Lawyer

Call 1-877-475-2905 or contact us online

No Attorneys Fees Unless We Collect

For over 44 years, Gerson & Schwartz, PA have represented clients seriously injured in port and while at sea. If you or a loved one has been in maritime accident injured while a crew member on a cargo ship, yacht, cruise ship, or sustained an off shore injury, our Florida Maritime attorneys are here to help. Contact us today at info@gslawusa.com, or call us at 1-877-475-2905.

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I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up.
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A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
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Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
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Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
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Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read More » Jhlechia Ervin
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Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
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Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
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I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
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