Transportation

Transportation under the Jones Act

Under the provisions of the Jones Act, injured seamen are entitled to transport from aboard their vessel to medical facilities for the treatment of their injuries. In cases involving catastrophic or life threatening injuries, ship owners and employers are required to cover the cost of airlifting an injured seaman from aboard a vessel to shore if the injuries involved require doing so. In cases where an injury or illness is not immediately critical, employers are still required to transport an injured crewmember to shore and cover the costs of an ambulance or other medical transport to a medical treatment facility.

What Happens if My Employer Refuses to Provide Transportation?

Unfortunately, at the time of your accident, there is nothing you can do if your employer or ship’s captain refuses to provide transportation to you. However, you can sue them under the terms of the Jones Act for damages above and beyond the initial costs of providing your transportation – especially if you suffered additional medical complications as a result. Since employers are required to provide transportation for injured seamen, refusal to comply with the Jones Act exposes employers to increased liability.

Documenting Your Case

Since employers sometimes try and mislead or discourage injured seamen from filing for benefits under the Jones Act, it’s important to know your rights and document your injuries and accident. If you are denied transportation after an injury, the following steps should be taken as soon as possible:

• Save any bills or invoice statements from ambulance services
• Gather contact information from eyewitnesses
• Make a record of who was present and who was in charge
• Save or gather copies of written documents pertaining to your case

Investigating What Happened, Recovering Damages

Bailey & Galyen are prepared to hire private investigators in order to determine what happened on board and why you were denied transportation. We will subpoena a ship’s log, company records, locate witnesses, and expose gross negligence on the part of your employer. Depending on the specifics of your case, punitive damages may be in order which can increase the recovery of your damages.

Admiralty-Maritime Lawyers: Bailey & Galyen

For more information regarding the Jones Act and what injured seamen are entitled to under its terms, contact Bailey & Galyen today.