Maritime and Jones Act Information

Dear Rick,

I was sorry to hear from Angela that things aren’t going so well for you. I’ve continued doing some more digging, and thought you might find this information interesting:

Apparently if you file for Worker’s Compensation - or any other types of injury claims, you might end up forfeiting your rights to damages under the Maritime Jones Act! That’s why it’s so important to speak to a competant and experience Maritime Lawyer before you take any action.

So far, what I’ve found out is that benefits under the Jones Act include what is called “Maintenance” and “Cure”. “Maintenance” means is that you’re given a daily stipend while you’re unable to work. From what I’ve found out so far, the amount you receive can vary. “Cure” includes having all all your medical care, doctors visits, hospitalization and prescription drug costs covered.

Now here’s where it gets interesting. While the maintenance money you’re given is smaller than what you’d get if you were receiving Worker’s Compensation, with Worker’s Compensation cash settlement amounts are relatively small, because of legislation passed by individual states - and there are some damages that you waive your rights to being able to claim, if you file Worker’s Comp.

Because the Jones Act is a federal law, you’ve got the potential of receiving a very high settlement - especially if you can show that there was the slightest bit of negligence involved, or unseaworthiness of the ship. (Which certainly appears to be the case from what you’ve said in your email.)

You mentioned something about the Longshore Harbor Worker’s Act. Be careful about making claims under either it or Worker’s Compensation, because from what I’m discovering, you can lose your rights if you claim benefits under either program.

Also, although your employer assigned you a rehab nurse, I’d be careful about doing anything until you’ve talked to a good maritime injury lawyer. I mean I think it’s great that your employer is concerned about you, but who is she really working for? I’m sure one of the owner’s main concerns has to be to minimize their losses - or potential losses. No matter what she’s telling you, find out everything you can about your legal rights and make sure that you’re making all decisions fully informed.

I’m not done doing research - maritime law is very complicated, so just hang in there a little bit longer, and I’ll keep sending you information as I find out more!

D