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More than 4 million people in the United States suffer a workplace injury each year. While state workers’ compensation laws cover most employers, there are some exceptions to that rule. Ships at sea or other navigable waters are subject to maritime law, or what is sometimes called admiralty law, rather than state or federal law. There was a time when seamen had no legal recourse to sue for personal injuries received while working on a ship. Consequently, there was a need for federal legislation to provide compensation to mariners whose work related injuries were caused by the negligence of their employers or co-workers. The Jones Act In response to the needs of seamen injured on the job, The Jones Act was passed in 1920. Officially titled the Merchant Marine Act of 1920, the law later came to known as the Jones Act, since the legislation was sponsored by Senator Wesley Jones. A Jones Act lawsuit for personal injuries may be filed in either in a U.S. federal court, or in a state court. Under the Act, mariner plaintiffs are entitled to a jury trial, a legal remedy which is not offered in maritime law, unless there is a statute authorizing it. Unlike typical workers’ compensation claims which do not require injured workers to prove fault on the part of their employer, plaintiffs in Jones Act personal injury cases must prove that their employer’s negligence was the cause of their injuries. Comparative negligence standards are used, so liability may be distributed among the negligent parties according to their percentage of fault. The Jones Act offers plaintiffs more legal remedies for compensation of their injuries than most state workers’ compensation laws. Not only can injured ship workers receive compensation for medical expenses, but they may also recover for loss of wages and fringe benefits, in addition to past and future pain and suffering. The Act also provides a legal remedy for survivors of ship workers killed due to a maritime accident, allowing them to seek fair compensation for their loss through a wrongful death suit. Jones Act lawsuits are extremely complex, and ship workers who are eligible to file claims under the Act should always consult an experienced lawyer familiar with this area of law. Pre-settlement Lawsuit Funding for Jones Act Cases Plaintiffs involved in personal injury and wrongful death suits under the Jones Act may be eligible for pre-settlement funding from Case Funding in the form of a cash advance. Jones Act personal injury lawsuits may take up to two years, placing a financial burden on injured plaintiffs who have already endured enough hardship. Pre-settlement funding allows plaintiffs to pay for medical expenses and other bills while they wait for their case to settle. A Leader in Pre-settlement Lawsuit Funding and Cash Advances Case Funding is a leading direct provider of innovative non-recourse funding solutions for plaintiffs who have pending lawsuits and pressing financial needs. Our Services Case Funding's programs provide plaintiffs immediate cash by advancing money against the future proceeds of lawsuits. Call a Case Funding specialist to for a free, no obligation evaluation of your situation. Please contact us at 1-800-543-4043 for more information. Author Bio Casefunding.com provides legal funding solutions, lawsuit funding or lawsuit cash advance and financing litigation funding services for attorneys.
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