Jones Act claim: The dangers of being pressured into a quick settlement

The Jones Act (or the Merchant Marine Act of 1920) gives additional protection to maritime workers who serve at least 30% of their working hours in a navigable vessel, classifying them as seamen. Under this legal remedy, maritime workers can file for compensation for lost wages, pain and suffering, and wrongful death damages for surviving family members (if a worker passed away). This act also allows seafarer victims of occupational exposure to hazards such as asbestos and PFAS to file claims against their employers. Many complaints filed against maritime companies are settled out of court, but it's important to protect your rights and consult a lawyer before agreeing to any settlement offer.

Advantages and disadvantages of quick settlements for Jones Act claims

An easy settlement is appealing to injured employees for the swift action and the simpler process. You get immediate financial relief when medical bills are piling up, and you don't have to go through complicated court matters. However, companies and insurers may take advantage of this pressure and present you with an initial offer that is not in your best interests. By offering you to settle, the company gains the following benefits that are a disadvantage to you in the long run:

1. The company controls the information. If you were just injured or had just started negotiations, most of the information and documentation would be in the company's hands. They have witness statements from employees, logs, safety sheet reports, and all other information that could point to their negligence. By offering to settle out of court, the company does not have to disclose this information at trial and risk large jury awards.
2. The company saves costs. There is a high chance that you're unaware of the real value of your claim and the potential payout you deserve. In the early stages of negotiation, you only have knowledge of the medical costs you have incurred so far. A claims agent or insurer may approach you and offer to settle the bill without discussing future expenses and other damages. Settling early helps the company reduce costs by avoiding future medical expenses and related costs (medical equipment, medications, and additional treatments).
3. The company can be released from future obligations. Some companies may offer cash for your immediate needs in exchange for a "waiver" or a "release agreement". By settling early, you may be signing away your right to sue them for non-economic damages later on. We urge you not to sign any agreement with the company or the insurer without consulting a specialized lawyer.

Contact ELG Law for an evaluation of your Jones Act claim

When you accept a settlement offer early, you risk undervaluing your potential claim. The costs associated with an injury or a serious disease like cancer extend beyond medical expenses (economic damages). Under the Jones Act, you are also entitled to non-economic damages for the pain and suffering that your company's negligence led you to. To ensure that you get full compensation for all recoverable damages, seek a legal expert as soon as you land or as soon as you get a diagnosis. ELG Law attorneys can evaluate your claim and properly assess your eligibility for a Jones Act claim. This evaluation comes at no cost to you until we have successfully recovered compensation.