Seaman Injured In Mexico - A Mexico Jones Act Attorney's Take
Americans take their sport fishing boats and luxury yachts to Mexico to play and work
. From Acapulco to Cabo San Lucas to Puerto Vallarta to Varacruz. Every season the Mexican Riviera harbors are filled with vessels owned by Americans. These include recreational boats, commercial boats, and/or corporate owned vessels.Each one of these vessels has a Captain and crew. Too often crew members aboard these vessels in Mexico have serious injuries. Crew members injured aboard vessels in Mexico are usually able to receive Jones Act benefits from their employers/ vessel owners.
Seaman injured in Mexico are entitled to all the Jones Act rights and remedies. Including maintenance and cure (medical treatment), past lost wages, future lost wages, past pain and suffering and future pain and suffering. This is whether you are the captain, an engineer or a stewardess.
Nothing is more important than your health and safety. After you are injured aboard a vessel or in the service of the vessel your first concern must be your health, safety and medical treatment. Often times this means emergency medical treatment.
You will probably have to receive emergency medical treatment in Mexico. If you are seriously injured you should request to be flown to the United States. You are entitled to chose your own doctor. Other than emergency medical treatment, it is important that you not select a Mexico doctor to provide you with medical treatment. Do not agree to have surgery or other serious treatment performed by doctors in Mexico. Most insurance companies are willing to fly an injured seaman to the United States and pay for their stay until they complete their medical treatment.
Always report your injury immediately. Even if it's a "I wrenched my back when the load fell on me." Whatever it is, you need to report what happened. When you report your injury you need to be honest. Don't exaggerate or fudge. People coming into court and asking for money (that is what a Jones Act case is); must be honest.
You are entitled to maintenance and cure even if you did not get inured aboard the vessel or even if the injury is 100% your fault. In order to receive future medical treatment, lost wages and pain and discomfort then you will need to prove the vessel was negligent, unseaworthy, or both.
Don't give a recorded statement, don't sign anything, don't write a report of what happened. None of this is necessary and/or required in order for your to receive maintenance and cure (money while you can't work and medical treatment). Understand this, whatever you write or say can and will be used against you in a court of law.
Be sure to document the vessel's condition that caused your injury. Take photographs of the worn-out grip tape, or the steep ladder or broken hand rail. Usually the more photographs from different locations the better.
Finally, it is strongly recommended that you hire a seasoned Jones Act Lawyer. Mexico Seaman injury lawsuits are oftentimes filed in California. California is part of the Ninth Circuit Court of Appeals which has historically been Jones Act Seaman friendly. Seaman injured in Mexico can file their lawsuit in California State Court, which has many advantages over filing in Federal Court.
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