Beyond maintenance and cure: A guide to additional damages covered by the Jones Act

Working in the maritime industry is among the most dangerous professions, with constant exposure to hazardous chemicals. Out in navigable waters, seafarers are facing risks of catastrophic injuries or exposure to carcinogens like asbestos or per- and polyfluoroalkyl substances (PFAS). The Merchant Marine Act of 1920, or the Jones Act, provides a legal structure for maritime workers to pursue compensation for work-related injuries or illnesses they developed due to occupational exposure.

A fundamental difference between the Jones Act and standard workers' compensation claims is the broader scope of claims a seafarer may file, in contrast to no-fault state compensation claims that limit workers to economic damages and capped payouts.

The Jones Act covers a broader range of damages you can file claims for

Generally, employers are required by common maritime law to give 'maintenance and cure' benefits to injured seafarers regardless of fault. Maintenance includes a worker's daily living expenses, such as food, rent, and transportation to the treatment facility. Cure includes medical expenses for the seafarer's injury or illness until the worker has reached maximum medical improvement (MMI). These expenses include payments for doctor consultations, hospitalization, rehabilitation, medicine, and medical equipment such as wheelchairs.

The Jones Act allows workers to obtain additional protection and compensation beyond maintenance and cure benefits if they successfully prove a negligence or unseaworthiness claim. The following are types of damages that workers can recover under the Jones Act:

• Lost wages (past and future)

Injuries or medical conditions resulting from chemical exposure, including linkable cancers, affect a worker's ability to earn income in the future. Claims for lost wages also consider the potential wages the seafarer could have earned if they hadn't developed cancer or been injured.

• Punitive damages

Punitive damages are rare, but a jury may award them in some cases, especially when the employer caused additional harm by delaying payments. For instance, the injured crew members of the luxury yacht Utopia IV were awarded punitive damages for 11 months of delayed payments for medical expenses, wages, and maintenance.

• Pain and suffering claims

Pain and suffering claims take into account the mental anguish, emotional stress, and physical distress that a worker suffered from their injury or exposure-related illness. Legal actions have been filed by workers, or their family members, mentioning the damages they suffered because of fear, physical pain, loss of companionship, or emotional loss from the death of their loved one. As pain and suffering are subjective, proving these claims through legal documentation can be complicated. It's best to get competent representation that can pursue your claims on your behalf.

Recover damages by filing a Jones Act claim: Contact ELG Law for a case evaluation

Maritime injury claims are complex, especially when you're unaware of the types of damages that you can recover through the Jones Act. If you are a seafarer who spends at least 30% of your time in a navigating vessel, you may qualify for a Jones Act claim if you were diagnosed with a linkable cancer within the past three (3) years or if you were injured on duty. Our team of attorneys here at ELG Law can evaluate your medical documents, work history, and proof of exposure to determine your eligibility. Contact us today to get a free evaluation.