Maritime workers face dangerous PFAS exposure
Toxic substances such as PFAS accumulate in the human body over an extended period of time. Maritime workers are exposed to PFAS in their work environment from a variety of sources, putting them at an increased health risk.
PFAS exposure occurs during emergencies and training exercises on vessels, oil rigs, tugboats, and barges, when aqueous film-forming foam (AFFF) is used to fight fuel-based fires. There are also other sources of exposure, like lubricants and hydraulic fluids on maritime equipment, protective coatings and paint on vessels and offshore structures, and water-resistant textiles and materials.
Chemicals like these do not degrade in the body, and they are particularly concentrated in the liver and kidneys, where they stay for years. A number of cancers and other health conditions have been linked to PFAS exposure in several scientific studies. It often takes years or decades for health issues to emerge following exposure to PFAS, so maritime workers should be aware of their rights under the Jones Act.
Qualifying cancers & injuries for Jones Act claims
Maritime workers who developed cancer linked to workplace exposures may be eligible to file Jones Act claims. To potentially qualify, you must have been diagnosed within the past three years. The following PFAS-related cancers qualify for compensation if you work with ELG Law:
Beyond PFAS-related cancers, seamen working on vessels and offshore platforms regularly encounter asbestos-containing materials in their work environments. Various ship components, including insulation and gaskets, still contain asbestos. A maritime worker may also come into contact with diesel exhaust and creosote during the course of their career at sea.
The Jones Act also covers the following diseases, aside from PFAS-related cancers:
Besides the above-mentioned cancers, ELG Law files Jones Act claims on behalf of maritime workers who suffered:
Who is covered under the Jones Act?
The Jones Act protects "seamen," who are employees on ships such as tugboats, barges, oil rigs, offshore platforms, and other vessels in navigation. Worker eligibility is often based on a status test, which requires a significant amount of time aboard a vessel. In a number of cases, this coverage extends to maritime workers exposed to toxic substances in the course of their employment, allowing them to seek compensation for illnesses caused by these substances.
Types of legal relief available under the Jones Act
The Jones Act provides two distinct types of legal relief for injured maritime workers: maintenance and cure benefits and negligence-based compensation.
Injured seamen are automatically entitled to maintenance and cure benefits regardless of fault. While maintenance pays for daily living expenses like food and lodging, cure provides medical treatment until recovery or maximum medical improvement (MMI).
During the recovery period, these benefits begin immediately after injury or diagnosis. The employer must provide maintenance and cure regardless of whether there was negligence or fault on their part. Permanent disability, pain and suffering, and lost wages are not included in these benefits.
Seamen who suffer injuries or illnesses as a result of employer negligence or vessel unseaworthiness are entitled to full compensation beyond maintenance and cure. Seamen who have been injured and their families are entitled to file these claims for full compensation. Among the damages that can be recovered in successful negligence or unseaworthiness claims are:
- Medical expenses not covered by the cure (past and future)
- Lost wages (past and future)
- Loss of earning capacity
- Pain and suffering
- Disability
- Disfigurement
- Mental anguish
- Loss of enjoyment of life
Legal standards under the Jones Act
To recover damages through a Jones Act negligence claim, a seaman must prove that the employer owed a duty of care, breached that duty, and that the breach caused the injury or illness. The burden of proof under the Jones Act favors workers, requiring only that employer negligence played some role in causing the condition.
Employer negligence in maritime contexts may include:
- Inadequate maintenance of equipment or vessels
- Failure to properly inspect equipment and work areas
- Unsafe working methods or procedures
- Lack of adequate training for hazardous materials
- Failure to warn workers of known hazards
- Failure to provide appropriate protective equipment
- Inadequate medical care when needed
Vessel unseaworthiness, meaning the vessel was not reasonably fit for its intended use, provides separate grounds for recovery that may overlap with negligence claims. A vessel can be unseaworthy due to defective equipment, inadequate crew, dangerous conditions, or failure to provide safe working environments.