The Jones Act covers the rights of maritime workers, including the right to pursue a claim for employer negligence. It establishes a deadline for filing, known as the “statute of limitations.”
If you are an injured seaman, you have three years from the date of the injury to file a Jones Act claim. While it’s important to understand the Jones Act statute of limitations and how it may affect your case, you must consider other aspects of these laws to ensure you’re not missing any eligibility requirements. An experienced Houston Jones Act lawyer can explain your legal options.
What happens if I file my claim after the statute of limitations expires?
Most Jones Act lawsuits must be filed within three years of the injury, and federal judges often dismiss claims filed after this deadline. However, your case may have individual circumstances that allow an exception to be made.
Typically, exceptions to the statute of limitations apply in cases where someone has developed an occupational disease or illness due to their working conditions, such as mesothelioma or musculoskeletal disorders.
In these cases, the victim is often unaware of the injury until symptoms appear. The time between the onset of the disease and its diagnosis could place someone outside the statute of limitations, which is why the law provides this exception.
Filing a claim after the statute of limitations has passed
Your Houston Jones Act attorney may still advise you to file a claim if your illness developed due to working conditions. However, they must prove that you contracted the illness while employed on the vessel and that your job qualifies you as a seaman under The Jones Act.
This often requires more than one medical opinion. Suppose you saw your doctor and were diagnosed with mesothelioma or another progressive disease caused by your working conditions. In that case, it may not be enough proof for the other side – or a jury.
Your lawyer will likely have at least one medical expert witness examine you to corroborate your doctor’s diagnosis. This may not be the only medical exam you’ll undergo. The other party may have an expert witness and ask that their witness also examine you.
If you can prove that your disease is work-related, you may still be eligible for a Jones Act claim, even if it’s been longer than three years since the disease first took root.
What compensation is available under The Jones Act?
The compensation available to injured or ill seamen is broader than most workers’ compensation claims. The Jones Act permits you to file a lawsuit against your employer and any other party contributing to the illness-causing conditions or your injury.
You can demand payment for all related medical care, including any long-term care you may need, like a nursing home. You can also demand payment of lost wages and loss of earning potential, pain and suffering, and emotional trauma.
Families who lose a loved one due to an occupational illness may also be eligible to file a wrongful death suit under The Jones Act.
Do you need help filing a Jones Act claim?
If you’re a maritime worker injured in the line of work or developed a work-related illness, we want to help you secure all the benefits you’re entitled to. Contact Havens & Associates at (713) 955-2215 for a free consultation.
