subject: Unemployment Benefits And Jones Act Maritime Injury Claims [print this page] Injuries in the workplace are often devastating, placing extreme financial distress on workers who are trying to earn a living for their families. However, it is even more difficult for maritime workers. Also known as the Merchant Marine Act, the Jones Act allows seamen to receive transportation, maintenance, cure, and unearned wage benefits when they are injured while serving on a U.S. vessel. The Jones Act applies to seamen who spend at least 30 percent of their time in service of a ship's navigation.
A ship's owner has the obligation to maintain his or her vessel to ensure that it is seaworthy, meaning it is fit for a voyage at sea. This duty cannot be contracted away or delegated to someone else. Therefore, if it is found that a seaman's injuries were caused by a ship's unseaworthiness, the injured seaman may recover for pain and suffering, medical expenses, lost future earning capacity, and all reasonable losses that result from the ship's unseaworthiness. This recovery is in addition to standard maintenance and cure.
Most injured seamen believe they should file for unemployment benefits, as well, but filing such a claim can be a major mistake that will jeopardize his or her Jones Act claim. Here is the reason why. It is a requirement in most states that to be able to file for unemployment benefits, the employee should must affirm, in writing, that he or she is still fit to perform the duties of the job that he had prior to being injured. This can be used against the seaman in his or her Jones Act claim. If the employee's Jones Act claim asserts that the injury prevents him or her from performing the duties of the job now and in the future, the claim for unemployment benefits may be introduced as evidence to demonstrate one of two things: 1) That the employee lied in order to collect unemployment benefits, or 2) that the employee is misrepresenting the seriousness of the maritime injury. Either will harm the employee's Jones Act case.
It is better in Jones Act cases to file for maintenance benefits from the employer than to file for unemployment benefits from the state. Jones Act cases are extremely complex, and hiring a maritime attorney will prevent the injured seaman from doing anything that will sacrifice his or her case. In Texas, the Brunkenhoefer Law Firm has been representing maritime injury victims for 37 years. Call the firm at (800) 888-8808 for a free consultation or visit http://www.brunklaw.com to learn more about the firm.
