What Compensation Is Available Under the Jones Act?

When you are hurt working aboard a vessel, the law aims to make you whole. Under the Jones Act and related maritime doctrines, you can pursue money for medical care, lost income, and human losses that do not appear on a hospital invoice. At Friedman Rodman Frank & Estrada, we help South Florida seamen and crew understand every category of recovery and how to prove it. If you want guidance from the best Miami Jones Act lawyers to value your claim correctly, you are in the right place.

Every injured seaman is entitled to maintenance and cure until reaching maximum medical improvement. “Maintenance” is a daily stipend for basic living expenses while you recover off the vessel. “Cure” covers reasonable medical treatment, including specialist visits, surgery, therapy, prescriptions, and medical devices. These payments are owed regardless of fault. If your employer stops them early or pays too little, you may seek penalties and attorney’s fees, and in egregious cases punitive damages may be available.

When employer negligence plays any part in your injury, you can recover tort damages in addition to maintenance and cure. The core categories include medical expenses, wage loss, loss of earning capacity, and non-economic losses like pain and suffering. Unlike workers’ compensation systems, Jones Act damages account for the real impact on your life and future, not just a schedule of benefits.

Your case should account for everything from emergency transport to long-term care. That includes hospitalizations, surgeries, injections, therapy, diagnostics, medications, durable medical equipment, and home modifications if needed. For ongoing needs, a life-care planner can project anticipated costs year by year. Strong files pair treating-doctor opinions with clear cost estimates so insurers cannot minimize future expenses.

Two separate ideas matter here. First, document wages you already missed, including overtime, sea pay, hazard pay, and bonuses typical for your role. Second, prove how the injury changes your future earnings. If physical limitations keep you from returning to deck work, an economist can compare expected maritime wages to what you can now earn shoreside. This difference, multiplied across working life, often represents the largest piece of a Jones Act recovery.

Maritime pay is more than an hourly rate. You may receive per diem, room and board value, union benefits, retirement contributions, and travel allowances. These amounts belong in the calculation. A best Miami maritime attorney will gather contracts, union agreements, and pay stubs to capture every benefit you have lost or will lose to include in the calculation of damages.

Human losses matter. Chronic pain, limited mobility, sleep disruption, depression, anxiety, and missed family milestones are compensable. Juries evaluate credibility and detail, and journals that document your symptom, statements from family and coworkers, and mental-health records help show the day-to-day reality behind the diagnosis.

Scarring, amputations, and lasting physical limitations support additional damages. Clear photographs, physician descriptions, and functional capacity evaluations demonstrate how your body has changed and how that change affects daily tasks at home and at work.

If the injury keeps you from maintaining your home, caring for children, or performing routine chores, the value of the replacement help can be claimed. Lists of tasks you handled before the incident and receipts for paid assistance help quantify this category.

Many cases involve both Jones Act negligence against the employer and unseaworthiness against the vessel owner. Unseaworthiness damages mirror negligence damages and may expand the total recovery. Careful pleading prevents double counting while maximizing overall value.

When a shipowner willfully and wantonly withholds maintenance and cure, courts may award punitive damages and attorney’s fees. Keep copies of requests, denials, and delayed payments. This paper trail can transform a dispute over stipends into a significant leverage point at settlement.

Generally, compensation for personal physical injuries is not taxable as income, but some components may have tax considerations. Speak with a tax professional for your situation.

Yes. Your award may be reduced by your share of fault, but you can still recover when employer negligence [link to How to Prove Negligence in a Jones Act Claim page] played a role.

Not necessarily. Structured settlements may help with long-term medical or income needs. Evaluate options with counsel and a financial advisor.

If payments are inadequate, your lawyer can demand an adjustment supported by receipts and sworn statements and seek court relief if the company refuses to increase pay.

You deserve a settlement or verdict that reflects your medical needs, your career path, and the life you planned before the injury. Friedman Rodman Frank & Estrada can calculate full Jones Act compensation, pursue unseaworthiness where appropriate, and secure fair maintenance and cure throughout your recovery. Your consultation is free, and our contingency fee means you owe no attorney’s fees unless and until we obtain a recovery. Call 877-448-8585 to speak with a Miami Jones Act lawyer and start building a damages case that matches your future on account of your injury.