Lost Earning Capacity Damages Under Maritime Law

If you are a seaman or crew member who spends more than 30% of your working time aboard a sea vessel—even if some of the time this work is while the ship is in port—you are covered under the Jones Act. The Jones Act works similarly to the way that worker's compensation functions in conventional jobs. However, for the Jones Act to apply, it is incumbent on the injured seaman—or his maritime law attorney—to show that his injury was due to the negligence of the ship owner, its agents, or employees. Under general maritime law there are other claims that can be made by the seaman such as claims alleging unseaworthiness of breaches of duty to provide prompt medical care or maintenance and cure.

Sometimes the seaman's injuries are minor and the employer is only responsible for a few weeks' lost wages, the limited pain and suffering, and some medical bills. However, many injuries to seaman and crew members can be quite serious, or even permanent, and can result in diminished work capacity. When this happens, the amount of damages that a seaman or crew member is entitled to can be much greater.

For instance, let's say that a seaman working on a Miami-based freighter has his leg crushed under a piece of improperly secured cargo. The injury that he sustained in the accident requires him to walk with a cane indefinitely. Even if the shipping company pays the employee's wages while he is recovering; pays his doctors bills, medical bills, and the cost of physical therapy; and moves the employee into a managerial position at a higher rate of pay—one where the diminished work capacity does not affect his ability to work—the seaman is still entitled to damages from the shipping company. Furthermore, the plaintiff's attorney doesn't have to produce an exact calculation as to the lost future earnings.

Whether you work out of Port of Miami, Port Everglades, or anywhere else where the Jones Act applies, if you're a seaman or crew member who is injured on a ship, you should consider seeking legal assistance from an attorney with maritime law experience as soon as possible. Jones Act cases and other maritime lawsuits can be complex. Often times, the earlier you involve your lawyer, the better your chance of receiving a full recovery for your injury is.