What Does Lost Wages Mean for a Jones Act Claim

What Does Lost Wages Mean for a Jones Act Claim

When you make a Jones Act claim, you are entitled to receive compensation for all losses associated with your injury. A Jones Act claim allows eligible seamen to recover from their employers if they are injured aboard an ocean or sea vessel or if they are injured aboard an offshore oil rig. Jones Act claims have a number of significant differences from workers compensation claims, which your Jones Act attorney can explain to you. One difference is that it may be harder to prove a Jones Act claim than a workers compensation claim since workers compensation cases do not require you to prove negligence. However, if you are able to prove negligence under a Jones Act claim, you may be able to receive damages greater than what you would be entitled to under the rules of workers compensation.

Lost Wages Under a Jones Act Claim


When you are unable to work as a result of a workplace injury and you make a claim through your state's workers compensation system, you are entitled to some protection for lost income. You typically must miss a certain number of days of work and you must provide proof of the income you were earning prior to the injury. The amount you can receive is determined by individual state law and while you might get a large portion of the lost wages in some cases, in other cases, the amount you can receive is more limited. This is true because while workers compensation does provide you with compensation if you are unable to work for a long period of time, these benefits are considered disability benefits (full or partial) and not necessarily damages from an employer.

When you make a Jones Act claim, on the other hand, you are entitled to recover compensation for your damage. Like tort cases, compensation for a Jones Act claim is designed to "make you whole." This means you get compensation for things like pain and suffering, which you do not receive compensation for under workers compensation. You also receive compensation for lost wages. When you are able to prove your case and prove your lost wages, you can receive compensation for up to the full amount of income lost because you have been rendered unable to earn wages. You can also recover compensation if the accident simply reduced your earning potential. If your lost wages or reduced earning potential is going to last for a lifetime, the compensation can be quite significant as it will be enough to make up for all the lost income over the course of your working life.

Working on an ocean or sea vessel is a physically stressful job. Even a minor injury can make it impossible for you to perform work at sea in the future. For this reason, the lost wages portion of your Jones Act claim is often a very important aspect of your damages. A somekeyword can explain to you exactly how much you should be entitled to in lost wages and can help you to prove this amount so you can get the compensation you deserve.

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