Virginia Beach Jones Act Claim Lawyers

Working as a seaman or crew member on a vessel can be rewarding, but it also carries unique risks. In Virginia Beach, many maritime workers, including those on commercial fishing boats, supply vessels, tugboats, and offshore support ships, sustain injuries while performing their duties. When these injuries occur due to employer negligence, maritime workers have the right to pursue a Jones Act claim, a federal law designed to protect seamen who are injured in the course of their employment.

Montagna Law represents injured seamen throughout Virginia Beach and the surrounding coastal areas. We understand the complexities of maritime law, the nuances of Jones Act claims, and how insurance companies and employers often attempt to minimize liability. Our Virginia Beach Jones Act Claim lawyers provide compassionate guidance, personal attention, and aggressive advocacy to help injured workers recover the compensation they deserve.

What is a Jones Act Claim?

The Jones Act, formally known as the Merchant Marine Act of 1920, gives seamen the right to pursue compensation for injuries caused by negligence aboard a vessel. Unlike traditional workers’ compensation, the Jones Act allows seamen to hold their employers accountable for unsafe working conditions, defective equipment, or negligent actions that result in injury.

Key aspects of the Jones Act include:

• Employer liability: Employers must provide a reasonably safe workplace. Failure to do so can form the basis of a claim.
• Negligence standard: Injured seamen must prove that the employer’s negligence caused or contributed to the injury.
• Comparative fault: Unlike Virginia state law, the Jones Act allows recovery even if the worker was partially at fault, with compensation reduced proportionally.

In Virginia Beach, the Jones Act applies to a variety of vessels, from tugboats and workboats operating in the Lynnhaven Inlet to offshore supply vessels servicing commercial platforms along the Atlantic coast.

Common Causes of Jones Act Injuries

Injuries under the Jones Act often occur due to unsafe working conditions or negligent practices on board a vessel. Common causes include:

• Slips, trips, and falls on wet or unstable decks
• Equipment malfunctions such as defective winches, cranes, or rigging
• Improperly secured cargo leading to shifting loads or falling objects
• Collisions with other vessels or fixed structures
• Exposure to hazardous materials like fuels, chemicals, or cargo-related substances

Even with safety protocols in place, maritime work is inherently dangerous. Injuries can range from broken bones and sprains to catastrophic spinal cord or brain injuries, and in the worst cases, fatalities.

Types of Compensation in Jones Act Claims

Jones Act claims allow injured seamen to pursue a variety of damages, including:

1. Economic damages:
   • Medical expenses, including hospitalization, surgery, and rehabilitation
   • Lost wages for time off work
   • Future lost earning capacity if the injury affects long-term employability
   • Costs for home modifications or assistive devices if permanent disability results
2. Non-economic damages:
   • Pain and suffering from the injury and recovery process
   • Emotional distress related to the accident and its aftermath
   • Loss of quality of life due to permanent impairments or lifestyle changes

In addition to damages, some Jones Act claims may include punitive damages if the employer acted with gross negligence or willful misconduct, though these are less common and depend on the circumstances of the case.

Challenges in Jones Act Claims

Jones Act claims are complex and often contested. Employers and insurers may attempt to reduce liability or delay compensation by arguing that the injury was pre-existing or unrelated to the accident, claiming the seaman was partially at fault and attempting to reduce damages, minimizing the severity of the injury or disputing the need for ongoing medical care, or offering early, low-value settlements to avoid prolonged claims.

Montagna Law has extensive experience navigating these challenges. We work closely with maritime medical specialists, accident reconstruction experts, and vocational professionals to build strong cases that establish negligence, the severity of the injury, and the long-term needs of our clients.

Frequently Asked Questions About Virginia Beach Jones Act Claims

Who qualifies as a seaman under the Jones Act?

A seaman is typically someone whose work contributes to the vessel’s function or mission and who spends a significant portion of time aboard the vessel. This can include crew members on tugboats, offshore supply vessels, commercial fishing boats, and other maritime work vessels.

Can I still recover if I was partially at fault for my injury?

Yes. The Jones Act allows for comparative fault, meaning your damages may be reduced proportionally, but you can still recover compensation.

How long do I have to file a Jones Act claim?

Generally, seamen have three years from the date of injury to file a claim under the Jones Act, though prompt legal action is recommended to preserve evidence and protect your rights.

Do Jones Act claims cover offshore injuries?

Yes. Injuries sustained while performing duties aboard qualifying vessels, including offshore supply boats, tugboats, and support vessels, may be covered under the Jones Act.

What if my employer offers me a settlement?

Early settlement offers are common, but they often undervalue the claim. A Virginia Beach Jones Act lawyer can review the offer and advise you on whether it meets your long-term needs.

Speak With a Virginia Beach Jones Act Claim Lawyer Today

If you were injured while working aboard a vessel in Virginia Beach, Montagna Law is ready to help. We offer a free consultation to review your case and explain your legal options. Our firm handles Jones Act claims on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Contact Montagna Law today to speak with a Virginia Beach Jones Act lawyer who will provide direct access, personal attention, and experienced advocacy to ensure you receive full compensation for your offshore injuries, lost wages, and ongoing care needs.