Protecting your rights: Jones Act benefits for seamen with PFAS-induced illnesses

In the case of PFAS-related diseases, how Jones Act benefits compare to standard workers' compensation can make all the difference between limited medical coverage and comprehensive compensation.

Consider whether these apply to your situation. Do you work aboard a vessel on navigable U.S. waters? Have you been diagnosed with a serious illness potentially related to PFAS or AFFF exposure? Did symptoms develop while working or after your offshore work? Is your employer failing to provide you with adequate safety training and protective gear? If most of these statements describe your experience, you may qualify to seek compensation under the Jones Act.

Maritime workers who qualify as seamen are protected under the Jones Act, part of the Merchant Marine Act of 1920. The worker must spend a significant portion of their time aboard a vessel in navigable waters to qualify. Conditions on the vessel must have caused the worker's illness.

Unlike ordinary workers' compensation, the Jones Act allows seamen to sue employers for negligence when the employer's failure to provide a reasonably safe workplace contributed to the harm.

Types of compensation available under the Jones Act

Seamen are entitled to no-fault benefits regardless of employer negligence. Maintenance pays a daily stipend to cover living expenses such as food, rent, and utilities. Until the worker has reached maximum medical improvement, the employer is required to pay for reasonable medical care.

The Jones Act may cover medical expenses for past and future care, including specialized treatment and ongoing therapy, when employer negligence or vessel unseaworthiness caused the illness. Typical workers' compensation systems do not allow for these types of damages.

Despite its no-fault nature, workers' compensation only covers medical expenses and wage replacement. Pain and suffering are not recoverable, and emotional distress is not covered. The Jones Act, by contrast, is fault-based and allows recovery for medical bills plus future care, lost wages and future earning loss, pain and suffering, and emotional distress. When negligence is proven, the Jones Act can result in significantly higher compensation.

A seaman must show that the employer owed a duty of care, breached it, and that the breach contributed to the illness. The law uses a worker-friendly standard, often called "featherweight," for causation. The employer's negligence need only play a small part in causing the harm.

ELG Law can help you pursue Jones Act compensation

For over 35 years, Environmental Litigation Group has represented workers in toxic exposure cases. In the event you have developed cancer as a result of exposure to PFAS while working aboard a vessel, we can assist you with pursuing compensation under the Jones Act. In order to file a claim, you will need to provide documentation of your vessel employment, AFFF exposure, and medical records showing your diagnosis. Contact us today for more information about Jones Act benefits for your PFAS-related illnesses.