Jones Act claims for PFAS-related cancers: What seamen need to know about filing

The Jones Act provides a legal remedy for maritime workers who are suffering from injuries or illnesses due to their employer's negligence or unseaworthiness. Unlike standard workers' compensation, this federal statute allows you to file for full compensation beyond economic damages and costs covered by "maintenance and cure" benefits. What is unique about the Jones Act is that it allows you to file for compensation for occupational illnesses caused by toxic exposure to chemicals like asbestos, diesel exhaust, or per- and polyfluoroalkyl substances (PFAS) that are found in firefighting foam. However, this process is more tedious than standard compensation systems, and following the proper steps is crucial to a successful Jones Act claim.

Step-by-step guide to filing a Jones Act Claim for PFAS-related cancer

Before filing a Jones Act claim, you must check if you meet the strict eligibility requirements. You must be spending at least 30% of your working hours on a ship on navigable waters with responsibilities that are crucial to the ship's operations. Cancer from PFAS exposure may take years or decades before the first symptom. As soon as you are diagnosed with an eligible cancer, we highly encourage you to get a legal representative and follow these steps as soon as possible:

1. Secure medical documents upon diagnosis. You are not required to consult with a company-approved physician to do this.
2. Inform your employer and, if applicable, your union representative. Your supervisor must be informed of your illness and the medical treatment you need, especially for "maintenance and cure" benefits. However, avoid giving out statements and do not talk to insurers or claims agents without your attorney.
3. Gather documentation of exposure patterns. These are employment records that show your history, such as records showing which ships you were assigned to, incident reports about liquid fires where aqueous film-forming foam (AFFF) may have been used, or lists and photos of the chemicals you encountered at work.
4. Get a legal representative. There are two ways to get compensation under the Jones Act. You may either go to court against the company or reach a settlement through negotiation. The majority of Jones Act claims are settled out of court, but workers who readily agree to the first cash offer may be at a disadvantage. In either of these cases, a specialized attorney is important in strengthening your Jones Act claim. You only need to submit your requirements and allow your representative to file your Jones Act claim.

Check your eligibility: Get a free claim evaluation from ELG Law

If you have been diagnosed with a PFAS-related cancer recently and you suspect that your illness is connected to your PFAS exposure, please contact us immediately. ELG Law has assisted victims of toxic exposure for over three decades, and our specialized attorneys can review your documents to determine whether you are eligible for a Jones Act claim. This evaluation comes at no cost to you and, if eligible, we can file your Jones Act claim on your behalf as you focus on your treatment and recovery.