A Jones Act seaman is guaranteed maintenance and cure payments for any injury sustained on the job, including assault. It doesn’t matter if you were attacked by another crew member, a passenger, or a trespasser on the vessel—you have a right to pursue a Jones Act case for injuries caused by assault, including:
- Fights between crew members
- An attack involving a gun, knife, or other weapons
- Receiving a blow or gunshot during a theft or burglary
- Injuries caused by intoxicated crew members or passengers
- Attacks by crew members who are mentally unstable or have criminal backgrounds
- Sexual assaults
Since the consequences of physical and sexual assault can be devastating, it is important that seamen know their rights when filing for compensation. These attacks can cause physical injuries that result in scarring and disfigurement, and emotional injuries that take a toll on the victim’s mental health. If the victim cannot return to work due to the stresses of injury, he or she may be able to collect permanent disability benefits from his or her employer.
What to Do if Your Assault Was Caused by Jones Act Negligence
It is also important to consider why the assault occurred, and if the employer or shipowner could be held liable for the attack. While an employer cannot be held responsible for every crew member’s actions, the employer should take precautions to prevent personal attacks from happening. This could mean performing adequate background checks on crew members, performing drug and alcohol testing, screening new hires for mental health issues, and investigating any history of prior violence or aggressive behavior. An employer can also be held liable for lax security that made it easier to carry out the attack, such as poor lighting in corridors or broken locks on entrances to sleeping quarters.
If your employer knowingly hired a crew member with a history of violence, you may be able to collect compensation through a Jones Act negligence claim. Please feel free to use our website to learn more about negligence claims, as well as collecting permanent disability for the effects of your injury.
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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.