Compensation for injuries and diseases sustained during employment with a river towing company are different from other work-related injuries. Injured towboat crewmen are compensated under the Jones Act. The following questions are the ones most often asked of our law firm by towboat workers.
What is the "Jones Act"?
The Jones Act is a law passed by Congress to make work on the river safer and to give a measure of financial recovery to injured workers or families of persons killed while working on the navigable waterways.
Is a towboat injury case the same as a workers' compensation case?
No. A claim under the Jones Act for any injury sustained while working on a towboat (vessel) is similar to a workers' compensation case. However, it provides greater benefits, including compensation for disability, pain and suffering.
Is the Jones Act like the state's workers' compensation law?
No. There are significant differences between the Jones Act and workers' compensation laws. First, there is no limit on the recovery under the Jones Act. Secondly, a jury or judge is permitted to determine how much a worker is allowed for a particular injury. There is no schedule with respect to how much money can be given for an injury. For example, in most states, workers' compensation laws limit the recovery for the loss of a hand to approximately $25,000. Under the provisions of the Jones Act, juries have awarded over $250,000 for the same type of injury. Thirdly, under workers' compensation laws, a worker can recover without proving "fault" on the part of his employer. Under the Jones Act, a worker must prove that the employer (towing company) was at least slightly at fault.
Is there a limitation on my recovery in a towboat case?
There is no statutory limit. Jones Act cases are tried by juries or judges who are instructed to return a fair and adequate verdict for the injury. Often the awards made by juries to injured workers are five to ten times higher than a similar workers' compensation claim. Juries are generally very liberal in their assessment of damages.
What does it cost to hire a lawyer to handle my case?
The initial interview is free. To our knowledge, all lawyers, including those in this office, handle towboat cases on a contingency fee basis. Generally, the fee is one-third (1/3) of the recovery. No fee is ever charged unless a recovery is made for the client.
Why are verdicts higher in a towboat case than in other cases?
The laws providing for compensation to injured towboat workers are very liberal. The damages allowable include pain and suffering, loss of pleasures and enjoyment of life, damage to earning capacity, and past and future medical expenses.
Can I recover under the Jones Act if my injuries are partially my fault?
The answer to this question is a qualified yes. The injured worker is barred from recovery only if his negligence (fault) was the only cause of his injury. Otherwise, the injured worker is entitled to recover all of his damages reduced by the percentage of his negligence that may contribute to his injury. For example, suppose a worker loses his leg as a result of a work-related injury and the company was 75% at fault and the worker was 25% at fault. The worker is entitled to recover 75% of the full amount of his damages. This formula is applied even if the employee is 90% at fault and the employer is only 10% at fault.
What are the "damages" under the Jones Act?
Generally speaking, "damages" are the losses suffered by an employee when he is injured, or by his family when he is killed. The following are typical kinds of damages that are recoverable:
- Medical expenses: Including doctor and hospital bills, all expenses connected with necessary operations, x-rays, special nurses, medical specialists, etc. They include past medical expenses and expenses reasonably certain to occur in the future.
- Loss of Wages: Would include all wages that were lost because of the injury.
- Loss of Future Earning Capacity: This is the most important aspect when permanent injuries are involved and the worker will not be able to do the same work in the future as he did in the past. For example, assume a man loses his leg and can no longer work as a brakeman. Even though he might still do some other work, the law allows him to recover in this area in order to compensate him for having lost some of his physical capacity to perform work.
- Pain and Suffering: General damages such as pain and suffering, loss of pleasures of life, and disfigurement are determined by the jury or judge after considering all aspects of the injury.
How are damages measured in the event a worker is killed?
The deceased employee's family or relatives can recover for the loss of money which they would have received had the worker not died from his injuries. The damages include the value of his intangible services, such as training and caring for his children, performing jobs around the house, etc. Damages in a death case also involve medical and hospital expenses between the period of injury and death, funeral and burial expenses and lost wages during the period prior to death. Conscious pain and suffering is also allowed up to the date of death.
What kind of "fault" (or negligence) must I prove under the Jones Act?
The "fault" which must be proven to hold a towing company responsible is called "negligence," a legal term meaning that the employer "failed to use reasonable care to avoid the injury to the worker." The standard of "care" that should be used is that degree of care that would have been used by a reasonable company in light of all circumstances of the case. In short, if an employer does not act reasonably, he will be responsible to the injured worker.
What amount of "fault" (or negligence) must the employer be guilty of in order for recovery to be allowed under the Jones act?
Under the Act, if the towing company is at fault, no matter how slight the negligence, recovery will be allowed.
Who has to be negligent for the injury to be considered the company's negligence?
Company negligence includes the negligence of any person who is either working for the towing company or who is an agent of the company.
Can I recover under the Jones Act if I am injured because of equipment failure and I cannot prove that the employer was "at fault"?
Yes. Any circumstance which makes the vessel (towboat) "unseaworthy" will make the employer absolutely liable for injuries received by the worker. This includes inadequate equipment, crew or other circumstances that would cause the vessel to be dangerous or "unseaworthy." For example, an inadequate number of crewmen to perform a given task can make the vessel unseaworthy (dangerous) and be a basis for employer liability.
Are only accidental injuries covered by the Jones Act?
No. The Jones Act realizes that there are a great number of physical injuries that arise from the job, but which do not result from an accident or a direct physical injury. You can get recovery for an "occupational disease." There are, naturally, a great many illnesses which arise out of towboat work, such as:
- poisoning from contact with barges carrying chemicals;
- heart attacks arising from strain of the work;
- frostbite from being forced to work in extreme cold; and
- lung diseases from inhaling dust or other particles.
Therefore, you should always check with your personal doctor (not the company doctor) to see if any illness or disease you might have resulted from or may be connected with your work.
Do I need a lawyer?
In most personal injury cases, there is a need for a lawyer's help, and you should secure the services of an experienced attorney who will both explain the procedure and advise you of your rights. The information contained in this FAQ page can never be substituted for knowledgeable legal help.
Will my case have to be tried before a jury?
There are two ways that a towboat injury case can be concluded: by an out-of-court settlement or by a court decision. The court (judge) or jury's decision is called a verdict or judgment. An agreement reached by the towboat company and the injured employee out of court is called a settlement. Most injury cases are settled before they reach trial. A settlement may be made legally at any time, as long as both parties agree to and understand the terms of the settlement. In towboat lawsuits, the employee can choose to have his case tried by a judge or by a jury.
What factors are considered in settlements?
It is impossible to list the many factors considered in making a settlement. Of course, you must consider whether the factual basis of liability is favorable and the amount of "damages." Probably the most serious factor to consider is the nature and extent of any permanent disability and how that disability affects the worker's ability to earn and lead a useful and normal life. Your lawyer can better explain in detail all the different circumstances that must be considered in arriving at a fair settlement.
Who investigates the case for me?
The company will not do an investigation which is favorable to the injured employee. It is extremely important that the employee hire an attorney as soon as possible so that he can do the investigation himself or employ a professional investigator.
It is absolutely necessary for the employee's lawyer to conduct a separate investigation on behalf of the injured employee. Time is most important in these investigations, primarily because conditions at the scene will change as time passes. For example, a vessel with a defective railing which caused an injury may be repaired before the employee gets out of the hospital.
Must you sue the towboat company in order to get a settlement?
No, not if the towboat company will agree to a fair settlement. If it will not, a lawsuit must be filed.
What is the role of the lawyer in a lawsuit?
Obviously you must have a lawyer if you bring suit. If you do not file suit, the law permits you to settle without a lawyer. Experience has shown that settlements made without a lawyer's assistance are substantially less than those where a lawyer is involved.
Won't a lawyer cost me too much money?
From experience we can truthfully answer, "no." Experienced lawyers who handle towboat cases generally accept cases on a contingency fee basis. In other words, the lawyer will charge you a percentage of the amount received. If no recovery is made, the client pays no attorney's fee. The amount the client ultimately pays an attorney for his percentage will be made up easily by the increased amount of the total settlement or verdict. Most importantly, the lawyer is the only one trained to protect your rights in this complicated field of law. They are experts in medical matters, and know how to help you evaluate the seriousness of your injury. In many instances, they may help you secure proper medical attention as well as solve any other problems that you have concerning the injury.
In what court can the suit be brought?
In either state or federal Court.
Does the injured employee have a choice of several states in which to bring suit?
Oftentimes the answer to this question is yes, because the towing company can be "served with process" in several states. Generally, your lawyer will choose the most favorable court in which to file your lawsuit. He will consider many factors including the length of time one must wait for trial and the nature of the juries in areas where the defendant can be sued.
How long does it take to complete my lawsuit?
The length of time to conclude the lawsuit, if it has to be tried, depends to a great extent on where the lawsuit is pending. For example, in most Tennessee Courts, a lawsuit can be heard within one year after filing. However, in Chicago and many courts around St. Louis, it takes three to five years to get a trial date.
In a Jones Act case am I entitled to a jury?
Yes, if you want one.
How long do I have to bring a suit under the Jones Act?
The Jones Act has a "statute of limitations" of three years which means you have three years from the date of your accident to file your lawsuit. If you try to file a suit later than three years after the date of the accident, it is likely the suit will not be allowed.
There are certain exceptional circumstances where a case may be filed after three years. If your accident occurred over three years ago, you need to check with an attorney immediately to see if there is a valid way to "save" your case.
Who brings an action under the Jones Act?
The worker must bring the claim. The only exception to this rule is if the worker is a minor or is incompetent and a guardian must be appointed by the court to bring the lawsuit. If a worker is killed, the action under the Jones Act must be brought by the worker's "personal" representative. This usually means the administrator of the worker's estate. In the event of the unfortunate death of a worker, it is extremely important that the widow or widower and family seek competent legal advice in this area as soon as possible. As a worker it is wise to advise your family who to contact in the event you are a victim of a serious accident.
Can the towing company punish a worker for suing under the Jones Act?
No. An injured worker cannot be subjected to reprisals for filing suit.
Won't my fellow workers be penalized if they give me information or help my attorney with my claim under the Jones Act?
No. The Jones Act and the court provide adequate protection from this type of retaliatory treatment.
What should I do if the towing company offers to give me money for my injury?
You must be careful not to waive or lose your right to file a lawsuit. When the company offers you money for your injury, they may ask you to sign a document called a "Release." The primary purpose of a Release is to prevent you from suing the company. Therefore, it is important that you do not sign anything given to you by the company or its insurance company unless you have advice from a competent attorney.
If a worker has already signed a "Release," is there any possibility that he can still sue under the Jones Act?
Yes, if it can be proved the "Release" was signed because of fraudulent or misleading statements by the company or its insurance company. Proof of this can be very difficult, so it is best to safeguard yourself from the beginning by not signing anything.
Where can I get more information concerning my claim?
The best single source of information concerning a claimed injury under the Jones Act is a lawyer whom you can trust and who has proven experience in handling these types of claims. It is important to choose a lawyer that you can talk to and who can help you understand your lawsuit.
Does it cost anything to talk with a lawyer?
Most lawyers do not charge for the initial interview in Jones Act cases and most of them will come to your hospital room or to your home if you are unable to come into their office. You do not incur any obligation by making your first telephone call to most attorneys, including this firm.
How can I get in contact with Hill Boren?
The easiest way is by filling out the contact form on the right. Just complete the contact form on the right. You can also call us at 1.800.727.0622. It is that easy.