Injured at sea or on a vessel? You have powerful legal rights under the Jones Act. The Jones Act is a federal law that allows injured seamen to sue employers for negligence and recover full compensation including medical expenses, lost wages, pain and suffering, and disability benefits. Our New York Jones Act attorneys have over 35 years of experience helping injured maritime workers in NYC, Brooklyn, Manhattan, Bronx, Queens, Staten Island, and throughout New Jersey secure the maximum compensation they deserve.
Unlike workers' compensation, Jones Act claims allow you to recover full damages and hold negligent maritime employers accountable. We represent injured seamen, offshore workers, tugboat crew members, ferry workers, and all maritime employees throughout the New York metropolitan area. Our firm has recovered millions of dollars for injured maritime workers and provides free consultations with no upfront costs.
Call our New York office at 212-465-8840 or our New Jersey office at 908-393-5662 for a FREE case evaluation.
What Is the Jones Act? Understanding Your Federal Rights as a Maritime Worker
The Jones Act, formally known as the Merchant Marine Act of 1920, is a federal law that provides critical protections for American maritime workers injured in the course of their employment. This law recognizes that maritime work is inherently dangerous and that seamen deserve stronger protection than standard workers' compensation provides.
Core Protections Under the Jones Act
The Jones Act gives injured seamen the right to sue their employers for negligence. This is fundamentally different from workers' compensation systems, which prevent employees from suing employers. Under the Jones Act, you can recover full compensation including:
- Complete medical expenses for all past and future treatment related to your injury
- Lost wages and earning capacity including future income you'll lose due to your injury
- Pain and suffering damages for physical and emotional distress
- Disability benefits for permanent impairments that affect your ability to work
- Loss of enjoyment of life compensation for reduced quality of life
- Punitive damages in cases of willful negligence or misconduct
Lower Burden of Proof Than Standard Negligence Cases
One of the most important aspects of the Jones Act is its lower standard for proving negligence. While typical personal injury cases require proving that the defendant was primarily responsible, Jones Act claims only require showing that employer negligence played any part in causing your injury, even if it was just a slight contribution. This worker-friendly standard makes it easier for injured seamen to recover compensation.
Additional Maritime Protections Beyond the Jones Act
Jones Act protections work alongside other maritime law doctrines including:
- Maintenance and cure - Automatic benefits for daily living expenses and medical care regardless of fault
- Unseaworthiness doctrine - Vessel owners must provide seaworthy vessels and equipment
- General maritime law - Additional protections under federal admiralty jurisdiction
These combined protections give maritime workers in New York and New Jersey some of the strongest workplace injury rights in the country. Our Jones Act attorneys know how to leverage all available legal theories to maximize your compensation.
Who Qualifies for Jones Act Protection in New York and New Jersey?![jones act lawyer]()
Not every maritime worker qualifies for Jones Act protection. To be covered under the Jones Act, you must meet the legal definition of a "seaman." Our New York Jones Act lawyers help determine your eligibility and identify all available legal options.
The Legal Definition of a Seaman
Federal courts have established specific criteria for seaman status. You generally qualify as a seaman under the Jones Act if:
- Your work duties contribute to the function of a vessel or the accomplishment of its mission
- You have a connection to a vessel (or fleet of vessels) that is substantial in terms of duration and nature
- You spend at least 30% of your work time in the service of a vessel on navigable waters
Maritime Workers Who Typically Qualify for Jones Act Coverage
Based on our 35 years of experience representing maritime workers in the New York area, the following occupations typically qualify for Jones Act protection:
- Commercial vessel crew members including deckhands, engineers, and mates
- Tugboat operators and crew working in New York Harbor and surrounding waters
- Ferry workers including Staten Island Ferry employees and NYC ferry system workers
- Barge workers operating on the Hudson River, East River, and regional waterways
- Fishing vessel crew members on commercial fishing operations
- Offshore platform workers who work on drilling rigs and production platforms
- Cruise ship employees who work as crew members
- Ship repair workers who spend significant time aboard vessels
- Yacht and charter boat crew members
- Dredge operators and crew working on navigable waters
Maritime Workers Who May Not Qualify
Some maritime workers may not meet the Jones Act definition of seaman but still have legal options. Workers who typically don't qualify for Jones Act coverage include:
- Longshoremen and dock workers - May be covered under the Longshore and Harbor Workers' Compensation Act (LHWCA)
- Harbor workers and stevedores - Also typically covered by LHWCA
- Ship builders in dry dock - May have LHWCA claims
- Marina workers - May have standard workers' compensation or personal injury claims
Even if you don't qualify as a Jones Act seaman, you likely have other legal options for compensation. Our maritime injury attorneys in New York will evaluate all potential claims including LHWCA benefits, unseaworthiness claims, and general maritime law remedies.
NYC-Area Employers and Vessels We Handle Claims Against
We represent injured maritime workers in claims against all types of vessel owners and maritime employers throughout the New York metropolitan area, including:
- Commercial shipping companies operating in New York Harbor
- Tugboat and barge operators on the Hudson and East Rivers
- Staten Island Ferry and NYC Ferry system
- Commercial fishing operations out of Brooklyn, Queens, and New Jersey ports
- Offshore platform operators
- Cruise lines employing New York-based crew members
- Maritime construction companies
- Ship repair and maintenance companies at Brooklyn Navy Yard and other facilities
Types of Jones Act Claims We Handle for New York Maritime Workers
Our experienced New York Jones Act attorneys handle all types of maritime injury cases throughout NYC, Brooklyn, Manhattan, Bronx, Queens, Staten Island, and New Jersey. We understand the unique hazards maritime workers face and have successfully recovered compensation for virtually every type of vessel accident and offshore injury.
Vessel Accidents and Equipment Failures
Maritime equipment must be properly maintained and inspected. When vessel owners cut corners, workers get hurt. We handle Jones Act claims involving:
- Defective deck equipment including winches, cranes, and cargo handling gear
- Engine room accidents caused by mechanical failures or inadequate maintenance
- Navigation equipment failures leading to collisions or groundings
- Crane and derrick accidents at ports and on vessels
- Fire suppression system failures resulting in burn injuries
- Electrical equipment malfunctions causing electrocution or fire
Slip, Trip, and Fall Accidents at Sea
Vessel decks become extremely hazardous in rough weather, and even small maintenance oversights can lead to serious falls. Our Jones Act lawyers represent seamen injured in:
- Slip and falls on wet or icy decks during storms or winter conditions
- Falls from height including ladders, catwalks, and rigging
- Trips over equipment or cargo improperly secured or stored
- Falls through hatchways or openings left unguarded
- Stairway and companionway accidents on vessels
Offshore Platform and Drilling Rig Injuries
Offshore work is among the most dangerous maritime occupations. We've successfully handled Jones Act claims for offshore workers injured in:
- Platform explosions and fires caused by equipment failures or negligent maintenance
- Chemical exposures including hydrogen sulfide, benzene, and other toxic substances
- Crane and heavy machinery accidents on drilling platforms
- Falls from offshore platforms and scaffolding
- Helicopter transport accidents to and from offshore facilities
- Blowout and well control incidents
Tugboat and Barge Operation Accidents
The busy waterways around New York City see constant tugboat and barge traffic. Common Jones Act claims we handle include:
- Line handling injuries including crush injuries and amputations
- Collision injuries in congested harbor areas
- Carbon monoxide poisoning from engine exhaust
- Capsizing and sinking incidents
- Weather-related injuries during storms and rough seas
Commercial Fishing Vessel Injuries
Commercial fishing consistently ranks as one of America's deadliest occupations. Our maritime attorneys have extensive experience with fishing vessel accidents including:
- Net and fishing gear entanglement injuries
- Slip and falls on icy decks during processing operations
- Equipment crush injuries from winches and processing machinery
- Overboard incidents and hypothermia injuries
- Vessel capsizing in rough weather
Ferry and Passenger Vessel Accidents
New York's extensive ferry system employs hundreds of maritime workers. We represent ferry workers injured in:
- Passenger-related incidents including assaults and crowd control injuries
- Vehicle loading and unloading accidents
- Collision and allision incidents at ferry terminals
- Mechanical equipment failures in engine rooms and control systems
Ship Repair and Maintenance Injuries
Workers who repair and maintain vessels face unique hazards. Common Jones Act claims include:
- Welding and hot work injuries including burns and arc flash injuries
- Confined space accidents in tanks, holds, and compartments
- Toxic fume exposure from paints, coatings, and solvents
- Falls while working at height on scaffolding and staging
- Equipment failures during repair operations
No matter how your maritime injury occurred, our New York Jones Act attorneys will thoroughly investigate the accident, identify all responsible parties, and fight to maximize your compensation under federal maritime law.
Maximum Compensation Available Under the Jones Act in New York
One of the most significant advantages of Jones Act protection is the ability to recover full compensation for your injuries without the caps and limitations typical of workers' compensation systems. Our New York maritime injury lawyers work to secure every dollar you deserve under federal law.
Economic Damages in Jones Act Claims
Economic damages compensate you for measurable financial losses caused by your maritime injury:
- All medical expenses including emergency care, hospitalization, surgery, rehabilitation, medication, medical equipment, and future medical treatment for the rest of your life
- Lost wages from time missed at work during your recovery
- Lost earning capacity if your injury prevents you from returning to maritime work or reduces your income potential
- Lost benefits including health insurance, retirement contributions, and other employment benefits
- Vocational rehabilitation costs if you need retraining for a different occupation
- Home and vehicle modifications necessary due to permanent disabilities
- Costs of household services you can no longer perform yourself
Non-Economic Damages Under the Jones Act
Unlike workers' compensation, Jones Act claims allow recovery of non-economic damages for the human impact of your injuries:
- Pain and suffering both physical and emotional, past and future
- Mental anguish and emotional distress from the trauma of your accident and ongoing injury
- Loss of enjoyment of life for activities and pleasures you can no longer participate in
- Loss of consortium compensating your spouse for loss of companionship and support
- Disfigurement and scarring from burn injuries or other visible injuries
- Disability and impairment for permanent physical limitations
Maintenance and Cure Benefits
In addition to Jones Act damages, every injured seaman is entitled to maintenance and cure benefits regardless of fault. These benefits include:
- Maintenance - Daily living expenses (similar to room and board) during your recovery
- Cure - All reasonable and necessary medical treatment until you reach maximum medical improvement
Maintenance and cure benefits are paid while your Jones Act case is pending and do not reduce your final Jones Act recovery.
Punitive Damages in Jones Act Cases
In cases involving willful negligence, reckless conduct, or intentional misconduct by maritime employers, punitive damages may be available. These damages punish the wrongdoer and deter similar conduct. Punitive damages may apply when employers:
- Willfully fail to maintain vessels or equipment despite known hazards
- Retaliate against workers who report safety violations
- Deliberately withhold or delay maintenance and cure benefits
- Engage in fraud or intentional concealment of accident evidence
Recent Jones Act Settlements and Verdicts in New York
Our firm has recovered substantial compensation for injured maritime workers throughout the New York metropolitan area. While every case is unique, recent results include:
- $2.3 million settlement for a dock worker injured by defective crane equipment at a Brooklyn terminal
- $1.8 million recovery for a tugboat worker who suffered severe back injuries due to inadequate safety equipment
- $1.2 million verdict for offshore platform explosion injuries causing burns and respiratory damage
- $950,000 settlement for a Staten Island Ferry worker injured in a slip and fall on an improperly maintained deck
- $775,000 recovery for a commercial fishing vessel crew member who lost fingers in a winch accident
Factors That Affect Jones Act Compensation Amounts
Several factors influence how much compensation you can recover in a Jones Act claim:
- Severity of injuries - More serious injuries resulting in permanent disability generally result in higher compensation
- Age and earning capacity - Younger workers with higher earning potential typically receive larger awards for lost future income
- Degree of employer negligence - Clear evidence of negligence strengthens your case
- Quality of medical evidence - Detailed medical documentation and expert testimony are crucial
- Impact on quality of life - Injuries that dramatically affect daily activities increase non-economic damages
- Credibility of evidence - Strong witness testimony and accident documentation improve outcomes
Our experienced New York Jones Act attorneys work with economic experts, medical specialists, and vocational rehabilitation experts to document the full value of your claim and fight for maximum compensation.
Jones Act vs. Workers' Compensation - Why Jones Act Protection Is Better
Many injured workers in New York are confused about the difference between Jones Act claims and workers' compensation. Understanding these differences is crucial because Jones Act protection is significantly more favorable to injured maritime workers.
Key Differences Between Jones Act and Workers' Compensation
Feature | Jones Act | Workers' Compensation |
---|---|---|
Right to Sue Employer | Yes - can sue for negligence | No - cannot sue employer |
Pain and Suffering | Yes - full compensation available | No - not compensable |
Benefit Caps | No caps on damages | Statutory benefit limits apply |
Lost Wage Replacement | 100% of past and future wages | Typically 2/3 of average weekly wage |
Jury Trial | Yes - right to jury trial | No - administrative hearing only |
Burden of Proof | Must prove employer negligence (even slight) | No fault system |
Disability Benefits | Full compensation for all disabilities | Scheduled benefits with limits |
Why Jones Act Claims Provide Superior Protection
The Jones Act was specifically designed to provide maritime workers with greater protection than standard workers' compensation because of the unique dangers of maritime employment:
- Full compensation for losses - You can recover 100% of lost wages, not just two-thirds
- No artificial caps - Workers' comp benefits are capped; Jones Act damages are not
- Pain and suffering damages - Workers' comp doesn't compensate emotional distress or reduced quality of life
- Employer accountability - The ability to sue for negligence encourages maritime employers to maintain safer workplaces
- Jury consideration - Your case can be heard by a jury of your peers rather than decided by an administrative judge
When You Might Have Both Jones Act and Other Claims
In some situations, injured maritime workers may have multiple legal claims available. Our attorneys evaluate all potential remedies including:
- Jones Act negligence claims against your employer
- Unseaworthiness claims against the vessel owner
- Third-party personal injury claims against contractors or equipment manufacturers
- Maintenance and cure benefits (automatic regardless of fault)
Understanding which laws apply to your case requires specialized legal knowledge. Our New York Jones Act lawyers provide free consultations to evaluate your specific situation and identify all available legal options.
How to Prove Negligence in Jones Act Claims![jones act lawyer new york]()
While the Jones Act makes it easier to prove negligence than standard personal injury cases, you still must establish that your employer's negligence played some role in causing your injury. Our experienced maritime attorneys know exactly what evidence is needed to build a winning Jones Act case.
The Jones Act's Lower Standard for Negligence
One of the most worker-friendly aspects of the Jones Act is its relaxed negligence standard. You only need to prove that employer negligence played "any part, even the slightest" in causing your injury. This is significantly easier than typical negligence cases where the defendant must be primarily at fault.
Even if your own actions contributed to the accident, you can still recover under the Jones Act. Your compensation will be reduced by your percentage of fault, but you won't be completely barred from recovery.
Common Forms of Maritime Employer Negligence
Based on our 35 years representing injured maritime workers in New York and New Jersey, we commonly see employer negligence in the following areas:
- Inadequate training - Failing to properly train crew members on equipment operation and safety procedures
- Insufficient crew size - Understaffing vessels so remaining crew must work excessive hours or handle dangerous tasks alone
- Defective equipment - Failing to maintain, inspect, or replace worn or damaged equipment
- Inadequate safety procedures - Not implementing proper safety protocols for hazardous operations
- Failure to warn - Not alerting crew to known hazards or dangerous conditions
- Inadequate supervision - Failing to properly oversee dangerous operations
- Ordering unsafe work - Requiring crew to perform tasks in dangerous conditions or without proper equipment
- Ignoring safety complaints - Dismissing crew concerns about hazardous conditions
- Failing to follow regulations - Violating Coast Guard regulations or industry safety standards
Evidence Our Jones Act Attorneys Gather
Building a strong Jones Act case requires thorough investigation and evidence collection. Our legal team immediately begins gathering:
- Accident scene documentation including photographs, measurements, and physical evidence
- Witness statements from crew members, supervisors, and anyone who saw the accident
- Vessel maintenance records showing inspection history and repairs
- Company safety policies and whether they were followed
- Training records for you and other crew members
- Crew scheduling records showing hours worked and potential fatigue issues
- Weather and sea condition reports at the time of the accident
- Equipment inspection reports and manufacturer specifications
- Previous accident reports involving similar incidents
- Coast Guard investigation reports if applicable
- Medical records documenting your injuries and treatment
Expert Testimony in Jones Act Cases
Complex maritime cases often require expert testimony to establish negligence. Our firm works with respected experts including:
- Naval architects and marine engineers who can testify about proper vessel design, maintenance, and equipment standards
- Maritime safety experts who understand industry best practices and regulatory requirements
- Medical specialists who can explain your injuries and future medical needs
- Vocational rehabilitation experts who assess your ability to return to work
- Economic experts who calculate lost wages and earning capacity
Coast Guard Regulations as Evidence of Negligence
Violations of Coast Guard regulations provide strong evidence of employer negligence in Jones Act cases. Our attorneys thoroughly investigate whether your employer violated regulations regarding:
- Vessel inspection and certification requirements
- Crew rest period requirements
- Safety equipment mandates
- Fire prevention and suppression systems
- Navigation and communication equipment
- Crew training and certification requirements
When we can demonstrate Coast Guard regulation violations, it significantly strengthens your Jones Act claim and may support punitive damages.
Maintenance and Cure Benefits for Injured Seamen in New York
Maintenance and cure is an ancient maritime remedy that every injured seaman is entitled to receive, regardless of fault. These benefits are separate from and in addition to any Jones Act damages you may recover. Understanding your maintenance and cure rights is essential to protecting your financial security during recovery.
What Are Maintenance Benefits?
Maintenance is a daily living allowance that your maritime employer must pay while you're unable to work due to your injury. This benefit is meant to cover basic expenses like:
- Rent or mortgage payments
- Food and groceries
- Utilities
- Basic transportation
Maintenance rates in the New York area typically range from $30 to $60 per day, though the amount should reflect the actual cost of living. If you live on the vessel, you won't receive maintenance for time you can remain aboard.
What Are Cure Benefits?
Cure requires your employer to pay for all reasonable and necessary medical treatment related to your maritime injury until you reach maximum medical improvement. This includes:
- Emergency medical care
- Doctor visits and specialist consultations
- Hospitalization and surgery
- Physical therapy and rehabilitation
- Prescription medications
- Medical equipment and devices
- Diagnostic testing like MRIs and X-rays
- Travel expenses to medical appointments
Cure continues until you've recovered as much as medically possible, even if that takes months or years. There is no time limit on cure benefits as long as additional treatment could provide improvement.
When Maintenance and Cure Benefits Begin
Your right to maintenance and cure begins as soon as you're injured in the service of a vessel, regardless of whether the accident occurred due to employer negligence. The benefits should start immediately upon reporting your injury.
How Long Do Maintenance and Cure Last?
Maintenance and cure benefits continue until you reach "maximum medical improvement" - the point at which your condition has stabilized and further treatment is unlikely to provide significant improvement. This determination should be made by your treating physicians, not by your employer or their insurance company.
When Employers Wrongfully Deny Maintenance and Cure
Unfortunately, many maritime employers and their insurers try to avoid paying maintenance and cure benefits by:
- Claiming your injury didn't occur in the service of the vessel
- Arguing that you've reached maximum medical improvement prematurely
- Refusing to pay for necessary medical treatment
- Paying inadequate maintenance amounts
- Delaying payment to pressure you into settling
When maintenance and cure is wrongfully withheld, you may be entitled to additional remedies including attorneys' fees and punitive damages. Our New York maritime lawyers aggressively fight employers who refuse to honor maintenance and cure obligations.
Maintenance and Cure vs. Jones Act Damages
It's important to understand that maintenance and cure are completely separate from Jones Act compensation:
- Maintenance and cure - No-fault benefits you receive during recovery
- Jones Act damages - Full compensation you can recover by proving employer negligence
Receiving maintenance and cure does not reduce your Jones Act recovery. These are separate rights that work together to protect injured maritime workers. Learn more about receiving both maintenance and cure and Jones Act damages.
Time Limits for Filing Jones Act Claims in New York
Understanding the deadlines for filing Jones Act claims is critical to protecting your rights. Missing these deadlines can permanently bar your ability to recover compensation, regardless of how strong your case may be.
The Three-Year Statute of Limitations for Jones Act Claims
Jones Act negligence claims are governed by a three-year statute of limitations under federal law. This means you have three years from the date of your injury to file a lawsuit in federal or state court. This deadline applies throughout New York, New Jersey, and all U.S. jurisdictions.
Why You Shouldn't Wait to File
While three years may seem like plenty of time, waiting to pursue your Jones Act claim can seriously harm your case:
- Evidence disappears - Accident scenes change, equipment gets repaired or replaced, and physical evidence is lost
- Witnesses become unavailable - Maritime workers transfer to different vessels or leave the industry entirely
- Memories fade - The longer the delay, the less reliable witness testimony becomes
- Documents are destroyed - Companies may legally dispose of records after retention periods expire
- Your credibility suffers - Delays raise questions about the severity of your injuries
Shorter Deadlines That May Apply
Some Jones Act cases involve additional deadlines that are much shorter than three years:
- Notice requirements - Some employment contracts require written notice of injury within days or weeks
- Government vessel claims - Claims involving government-owned vessels may require notice within shorter timeframes
- Maintenance and cure - While no statute of limitations applies, unreasonable delays in claiming benefits can be problematic
When the Statute of Limitations Starts
The three-year clock typically begins on the date of injury. However, for occupational diseases or injuries that develop over time, the statute may begin when you discover (or reasonably should have discovered) the injury and its connection to your maritime employment.
Exceptions That May Extend Filing Deadlines
Limited exceptions may extend or "toll" the statute of limitations in special circumstances:
- Fraudulent concealment - If your employer actively concealed evidence of negligence
- Mental incapacity - If severe injuries left you unable to pursue legal action
- Continuing treatment - Some courts toll the statute while you receive maintenance and cure
The Importance of Early Legal Consultation
The best time to consult with a Jones Act attorney is immediately after your injury. Early legal involvement allows us to:
- Preserve critical evidence before it disappears
- Interview witnesses while memories are fresh
- Ensure proper maintenance and cure payments
- Protect you from giving harmful statements to employers or insurers
- Investigate the accident scene thoroughly
- Identify all potentially responsible parties
Don't risk losing your rights by waiting. Contact our New York Jones Act attorneys at 212-465-8840 for a free consultation to discuss your case and protect your legal options.
The Jones Act Case Process - What to Expect When You Hire Our Firm
Understanding what to expect during a Jones Act case helps reduce anxiety and allows you to make informed decisions. Our experienced New York maritime attorneys guide you through every step of the process, from initial consultation through final resolution.
Step 1: Free Consultation and Case Evaluation
Your Jones Act case begins with a free, no-obligation consultation at our New York office at 212 W 35th St Fl 12 or our New Jersey office at 1130 US-202 Ste A7 in Raritan. During this meeting, we will:
- Listen carefully to your account of the accident and injuries
- Review any documents or evidence you have available
- Explain whether you qualify as a Jones Act seaman
- Discuss the strength of your negligence claim
- Outline potential compensation you may recover
- Answer all your questions about the legal process
- Explain our contingency fee arrangement (no fees unless we win)
Step 2: Investigation and Evidence Gathering
Once you retain our firm, we immediately begin a thorough investigation of your case:
- Document the accident scene with photographs and measurements
- Interview witnesses including crew members and supervisors
- Obtain vessel maintenance records and inspection reports
- Gather employment records, training documents, and safety policies
- Secure medical records documenting your injuries
- Preserve physical evidence including defective equipment
- Consult with maritime experts to evaluate negligence
Step 3: Securing Maintenance and Cure Benefits
We ensure you receive proper maintenance and cure benefits while your case progresses:
- Demand immediate payment of maintenance and cure from your employer
- Ensure adequate daily maintenance rates based on New York area living costs
- Arrange proper medical treatment and ensure cure payments
- Fight denials or delays in benefit payments
- Pursue additional damages if maintenance and cure are wrongfully withheld
Step 4: Filing Your Jones Act Claim
When investigation is complete, we file your Jones Act lawsuit in either federal court or New York state court, depending on the strategic advantages of each forum. The complaint will detail:
- How the accident occurred
- Specific acts of employer negligence
- The severity of your injuries
- All damages you're claiming
Step 5: Discovery and Depositions
During the discovery phase, both sides exchange information and evidence:
- Written discovery - Interrogatories and document requests
- Depositions - Recorded testimony from you, witnesses, and company representatives
- Expert depositions - Testimony from medical and maritime safety experts
- Physical examinations - Medical evaluations by defense doctors (we attend to protect your rights)
Step 6: Settlement Negotiations
Most Jones Act cases settle before trial. Our attorneys aggressively negotiate with maritime employers and their insurers to secure maximum compensation. We:
- Present comprehensive settlement demands with full documentation
- Leverage our trial reputation to pressure favorable settlements
- Never recommend settling for less than fair value
- Keep you informed and involved in all settlement decisions
Step 7: Trial (If Necessary)
If settlement negotiations fail, we're fully prepared to take your case to trial. Our trial preparation includes:
- Preparing you to testify effectively
- Coordinating expert witness testimony
- Creating compelling visual presentations of evidence
- Developing persuasive arguments for jury consideration
- Anticipating and countering defense strategies
Your Jones Act claim will be heard by a jury, giving you the opportunity to have your case decided by members of your community who understand the challenges maritime workers face.
How Long Does a Jones Act Case Take?
The timeline varies based on case complexity and whether settlement is reached:
- Straightforward cases with clear liability - May settle in 6-12 months
- Complex cases requiring extensive investigation - Often take 12-24 months
- Cases that go to trial - May take 2-3 years from filing to verdict
Throughout the process, we provide regular updates and remain accessible to answer your questions. Our goal is to resolve your case as quickly as possible while maximizing your compensation.
Why Choose Hofmann & Schweitzer for Your Jones Act Claim
Over 35 Years of Maritime Law Experience in New York and New Jersey
Since 1985, Hofmann & Schweitzer has been dedicated to protecting the rights of injured maritime workers throughout the New York metropolitan area. Our attorneys have developed deep expertise in federal maritime law and understand the unique challenges faced by seamen, offshore workers, and other maritime employees.
We've represented injured workers at every major port facility, terminal, and waterway in the region including New York Harbor, the Hudson River, East River, Brooklyn Navy Yard, Port Newark-Elizabeth, and numerous offshore locations. This local experience gives us invaluable knowledge of the maritime industry in our area.
Proven Track Record of Results for Injured Maritime Workers
We've successfully recovered millions of dollars in compensation for injured maritime workers throughout NYC, Brooklyn, Manhattan, Bronx, Queens, Staten Island, and New Jersey. Our recent Jones Act results include:
- $2.3 million settlement for dock worker crane injury
- $1.8 million recovery for tugboat worker back injury
- $1.2 million verdict for offshore platform explosion injuries
- $950,000 settlement for ferry worker slip and fall
- $775,000 recovery for commercial fishing vessel crew member
While past results don't guarantee future outcomes, our track record demonstrates our ability to achieve excellent results even in complex maritime cases.
Recognized Maritime Law Expertise
Our attorneys are recognized leaders in maritime law:
- Members of the Maritime Law Association of the United States
- Regular speakers at maritime law conferences and seminars
- Published authors on Jones Act and maritime injury topics
- Consulted by other attorneys on complex maritime issues
Comprehensive Resources for Complex Cases
Jones Act cases often require significant financial resources to properly investigate and litigate. Our firm has the resources to:
- Hire top maritime safety experts and naval architects
- Retain leading medical specialists to document injuries
- Conduct thorough accident reconstruction when necessary
- Travel to interview witnesses at distant locations
- Advance all litigation costs without requiring payment from you
We Know New York Maritime Industry Inside and Out
Our 35 years practicing in this region have given us extensive knowledge of:
- Local maritime employers and their safety records
- NYC and NJ port operations including common hazards at specific facilities
- Regional maritime unions and collective bargaining agreements
- New York area medical providers who specialize in maritime injuries
- Local and federal courts where maritime cases are heard
- Defense attorneys and insurance companies we regularly face
This local knowledge provides strategic advantages that out-of-state firms simply cannot match.
Personalized Attention to Every Client
We understand that behind every Jones Act case is a real person dealing with serious injuries, financial stress, and concerns about their future. We provide:
- Direct access to experienced attorneys, not just paralegals
- Regular updates on case progress
- Prompt responses to phone calls and emails
- Compassionate support during difficult times
- Clear explanations of legal options and strategies
Convenient Office Locations Serving All of New York and New Jersey
We maintain offices in both New York City and New Jersey for your convenience:
- New York Office: 212 W 35th St Fl 12, New York, NY 10001 - Phone: 212-465-8840
- New Jersey Office: 1130 US-202 Ste A7, Raritan, NJ 08869 - Phone: 908-393-5662
We serve injured maritime workers throughout Manhattan, Brooklyn, Bronx, Queens, Staten Island, Newark, Jersey City, and all surrounding communities. If you're unable to travel to our offices due to your injuries, we can arrange to meet you at your home or hospital.
No Fees Unless We Win Your Case
We handle all Jones Act claims on a contingency fee basis, which means:
- No upfront legal fees - You pay nothing to get started
- No costs unless we recover - We advance all litigation expenses
- No risk to you - If we don't win, you owe us nothing
- Free consultation - Case evaluation costs you nothing
This arrangement allows injured maritime workers to obtain top-quality legal representation regardless of their financial situation.
Strong Reputation With Maritime Employers and Insurers
Insurance companies and maritime employers know our reputation for thorough preparation and willingness to take cases to trial. This reputation often results in better settlement offers because defendants know we can't be bullied into accepting inadequate compensation.
Frequently Asked Questions About Jones Act Claims in New York
What is the Jones Act and who does it protect?
The Jones Act is a federal law that allows injured seamen to sue their employers for negligence. It protects maritime workers who spend at least 30% of their work time aboard vessels in navigation, including crew members on commercial vessels, tugboats, barges, ferries, and offshore platforms. The Jones Act provides broader protection than workers' compensation, allowing recovery of full damages including lost wages, medical expenses, pain and suffering, and disability benefits.
How much compensation can I receive from a Jones Act claim in New York?
Jones Act claims allow recovery of full damages including all medical expenses (past and future), lost wages and earning capacity, pain and suffering, disability benefits, and loss of enjoyment of life. Additionally, you may receive maintenance and cure benefits for daily living expenses and medical treatment during recovery. The amount varies based on injury severity, but New York maritime workers have recovered settlements ranging from hundreds of thousands to millions of dollars. Our firm has secured Jones Act settlements and verdicts exceeding $2 million for seriously injured maritime workers.
How long do I have to file a Jones Act claim in New York?
Jones Act claims have a 3-year statute of limitations from the date of injury. However, maintenance and cure benefits should be claimed immediately after your injury. Some circumstances may shorten this deadline, so it's crucial to consult with a New York Jones Act attorney as soon as possible after your maritime injury to protect your rights. Evidence disappears quickly, and early legal involvement significantly strengthens your case.
What's the difference between the Jones Act and workers' compensation?
The Jones Act provides significantly broader protection than workers' compensation. Unlike workers' comp, Jones Act claims allow you to sue your employer for negligence, recover full damages including pain and suffering, have your case heard by a jury, and receive compensation without caps on awards. Workers' compensation typically limits benefits to medical expenses and partial wage replacement (usually two-thirds of wages) without pain and suffering damages. Jones Act protection is far more favorable to injured maritime workers.
Can I still recover compensation if my maritime injury was partially my fault?
Yes. The Jones Act follows comparative negligence principles, meaning you can still recover compensation even if you were partially at fault for your injury. Your recovery will be reduced by your percentage of fault, but you won't be completely barred from compensation. For example, if you were 20% at fault, you would still recover 80% of your total damages. This is much more favorable than contributory negligence systems that bar any recovery if you share fault.
Do I need a lawyer for my Jones Act claim in NYC?
Yes. Jones Act claims involve complex federal maritime law that differs significantly from standard personal injury cases. Maritime employers and their insurers have experienced legal teams working to minimize payouts. An experienced New York Jones Act attorney understands federal maritime law, vessel safety regulations, Coast Guard requirements, and how to maximize your compensation. Most Jones Act lawyers work on contingency, meaning no upfront costs to you - we only get paid if we win your case.
Contact Our New York Jones Act Lawyers Today
If you've been injured while working on a vessel, you need experienced Jones Act representation immediately. Maritime employers and their insurance companies will work quickly to minimize their liability. Don't face them alone.
What You Can Expect When You Call
When you contact Hofmann & Schweitzer, you'll receive:
- Immediate attention - We respond quickly to maritime injury inquiries
- Free case evaluation - No cost and no obligation to discuss your case
- Honest assessment - We'll tell you whether you have a viable Jones Act claim
- Clear explanations - We explain your rights and options in plain language
- Answers to all your questions - No question is too small or unimportant
Time Is Critical - Act Now to Protect Your Rights
Every day you wait makes it harder to build a strong Jones Act case. Evidence disappears, witnesses become unavailable, and insurance companies use delay against you. Contact us today to:
- Preserve critical evidence before it's lost
- Secure proper maintenance and cure benefits immediately
- Prevent insurance companies from taking advantage of you
- Protect your right to full compensation
- Get answers to your questions from experienced maritime lawyers
Don't let maritime employers or insurance companies deny you the compensation you deserve. The Jones Act gives you powerful rights, but only if you act to protect them. Our experienced New York Jones Act attorneys are ready to fight for you.
Remember: You have only three years to file a Jones Act claim, but waiting even a few weeks can damage your case. Contact Hofmann & Schweitzer today at 212-465-8840 for immediate help from New York's experienced Jones Act attorneys.