The average worker hurt on the job doesn’t need to do much to get benefits. Standard workers’ compensation coverage applies to many employees who get hurt because of a chemical spill or a car crash while working. The rules are different for professionals who work in offshore locations.
Domestic workers’ compensation programs do not apply, regardless of the state where the employer has headquarters. Instead, the worker will likely need to pursue a Jones Act claim if they hope to receive compensation for their injuries.
A Jones Act claim involves civil litigation against an employer rather than a basic insurance claim. What kind of evidence will you need to secure compensation through the Jones Act?
Medical evidence
The first and most obvious form of evidence you require when pursuing a Jones Act claim related to an injury on the job is evidence that you have a medical condition or an injury. The more severe the injury is and the longer lasting its consequences, the more documentation you will need to establish its severity and impact.
In some cases, workers may need to undergo specialized medical examinations to thoroughly prove that their injury affects their ability to work and is a direct result of their employment. Adequate medical records will help you convince the courts of your need for compensation under the Jones Act.
Evidence of misconduct or regulatory shortcomings
Typically, Jones Act claims are only possible if a worker can show that their employer did something unsafe or illegal to contribute to their injuries. Improper maintenance of the facilities or requiring that workers perform tasks that violate safety regulations would be examples of work scenarios that could lead to successful Jones Act claims.
Evidence of the issue that relates to someone’s injury might involve photographs of poorly maintained workspaces or witness statements from other employees who can affirm that the company encouraged workers to ignore certain safety rules.
Many workers require legal support with even a simple workers’ compensation claim, and those who have to pursue support under the Jones Act may need even more assistance. Gathering the necessary documentation can help you evaluate whether you have a viable claim for compensation after getting hurt at an offshore job.