“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S lawyer talk, and no double talk- just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley
My Best Advice
When handling your Jones Act Case, you must always tell the truth. Nothing is more important then your credibility. If a judge assumes you are being dishonest, your case will be thrown out and you will be left with nothing. I have seen it happen to many people.
My Second Best Advice
Take the proper steps now, and do your research. Order my free book, Win your Injury Case: The Ultimate No B.S. Guide To Avoiding Insurance Company Tricks That Ruin Your Case [even before you hire a lawyer].
This book is loaded with TONS of information on winning your Jones Act Case.
Seaman Injuries, Jones Act Injuries, Crew Member Injuries
This website is designed to provide answers to your Injured Seaman questions - - by a California Jones Act Attorney
Seaman injuries and crew member injuries usually fall under the Jones Act and General Maritime Law. This website has articles which address Seaman’s powerful Rights and Remedies.
Seaman have more powerful rights and remedies of any workers in America. Unlike most workers, Injured Seaman can bring a civil lawsuit against their employer. If you work at Wal-Mart, for instance, if you were injured on the job, workers compensation would usually be your sole remedy against Wal-Mart. As you might realize, California workers compensation has some of the lowest and unfair worker injury benefits in the United States. Welcome to the Golden State.
Injured Seaman, on the other hand, can sue their employer if they are injured at work. The reason why Injured Seaman have these right and remedies goes back to old England. Unlike land based workers, Seaman can not quit and go home if they are faced with a dangerous hazard at work. They are at the mercy of their employer. Literally and figuratively. Because a Seaman doesn’t have the option of quitting if they are ordered to perform an unsafe work practice, the law affords Seaman the ability to sue their employer if they are injured at work.
You can be a “Seaman” and not qualify as a “Jones Act Seaman”
I hear lawyers say all the time, “In order to qualify as a ‘Seaman,’ the worker has to spend 30% of their work time on the vessel.” This is only partly true. In order to qualify as a “Jones Act Seaman,” you need to spend 30% or more of your time on a vessel or identifiable fleet of vessels. However, what these lawyers (mostly non maritime lawyers or uninformed maritime lawyers) fail to realize is that a worker can not spend 30% of their time aboard a vessel and still qualify as what is called a "Sieracki Seaman.”
Sieracki Seaman can still bring claims under General Maritime Law. That is they can bring an unseaworthiness claim and a General Maritime Law negligence claim. Along with a State workers compensation claim.
We usually recommend filing all Seaman lawsuits in State Court. Here is another reason to try and file in California State Court. California Courts expressly authorize such “Sieracki Seaman” claims.
In any event, if a lawyer tells you that you do not qualify as a Jones Act Seaman because you spent less than 30% of your time on a vessel, you need to investigate whether you qualify as a ‘Sieracki Seaman.” California workers compensation is extremely unfair. Do you and your family a huge favor - - investigate whether you are a “Sieracki Seaman.” Be sure and talk to a seasoned California Seaman attorney / California Seaman Lawyer.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley