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The Jones Act does not require employers to carry specific insurance policies to compensate injured seamen. The Jones Act recognizes damages as a legal right rather than as an insurance benefit, which means that your employer owes you compensation regardless of whether it is covered by insurance.
The Jones Act creates a direct legal right for seamen to sue their employers for negligence, unlike workers' compensation systems. Instead of mandating insurance coverage, this statute establishes employer liability when negligence or unseaworthiness contributes to injuries. It has been held by courts repeatedly that a lack of insurance does not affect a seaman's right to file a Jones Act claim.
Maritime employers typically maintain insurance policies to protect themselves from Jones Act claims, but these policies are not legally required. Maritime claims and injuries to seamen are covered by Protection and Indemnity (P&I) insurance. Marine Employers Liability (MEL) insurance covers maritime employers when crew members file work-related injury claims, including Jones Act claims.
These insurance policies help employers fund settlements and judgments arising from Jones Act negligence claims, maintenance and cure obligations, and unseaworthiness damages. These costs are reimbursed by the insurance, but the seaman's legal rights are not affected.
Regardless of whether an employer carries insurance or has insufficient coverage, the employer remains responsible for all damages owed to injured seamen. Jones Act negligence damages apply when employer's fault contributed to your injury, unseaworthiness damages apply when vessel's conditions injured you, and maintenance and cure benefits apply regardless of fault.
Maintenance and cure benefits are direct obligations owed by the employer rather than insurance benefits. Until you reach maximum medical improvement, these no-fault benefits cover your daily living expenses and medical care, and employers cannot refuse them even if they don't have insurance.
Maintenance and cure arise from the employment relationship itself as a contractual duty dating back centuries in maritime law. No matter who caused the injury, employers are required to provide living expenses and medical treatment until you reach maximum medical improvement. If your condition does not improve with further treatment, that duty ends.
Depending on whether the denial was arbitrary or willful, courts may double the damages or attorney fees. Those employers who refuse these benefits face penalties beyond simply paying owed amounts.
Seamen who qualify under the Jones Act cannot rely on personal insurance or state workers' compensation systems, which specifically exclude Jones Act eligible maritime workers. Seamen are exclusively entitled to recover damages under the Jones Act, which offers broader compensation than workers' compensation but requires proof of negligence.
As an alternative to Jones Act requirements, non-seamen maritime workers may be covered by the Longshore and Harbor Workers' Compensation Act, which does mandate employer insurance coverage.
ELG Law has extensive experience pursuing Jones Act claims against employers regardless of their insurance status. Your legal rights to compensation remain the same regardless of whether your employer maintains adequate insurance coverage. Contact Environmental Litigation Group to discuss your Jones Act claim and find out how we can help you recover all damages and benefits you're owed.