Jones Act Claims: What Your Employer Can and Cannot Do

The Jones Act, or the Merchant Marine Act of 1920, grants maritime workers the right to pursue a claim against their employer for negligence if an injury occurs during their employment. Unlike traditional workers’ compensation, the Jones Act is a fault-based statute. This means that to succeed in a claim, the injured worker must show that their employer’s negligence or the negligence of a fellow crewmember directly contributed to the injury.

What an Employer Can Do in a Jones Act Claim

Upon notification of a maritime injury, an employer is entitled to undertake several actions as part of their investigation and defense:

• Investigate: Employers have a right, and a responsibility, to thoroughly investigate the conditions that surround an injury. This often involves interviewing witnesses, reviewing vessel logs and maintenance records, and inspecting any equipment related to the incident. Investigation is vital for both parties in establishing the facts of the case.
• Request an Independent Medical Examination: While injured maritime workers retain the right to choose their own doctors, employers may request that the worker undergo an Independent Medical Examination. This examination is overseen by a doctor chosen by the employer, who is seeking an objective assessment of the injuries, prognosis, and necessary treatment.
• Propose a Settlement: It is common for employers or their insurance companies to offer a settlement to resolve a Jones Act claim. These offers are typically made in an effort to avoid litigation. It is imperative that the injured worker understands that accepting a settlement generally leads to a full and final release of their claim. Legal counsel is strongly advised before accepting any settlement offer.
• Mount a Legal Defense: If a settlement is not reached, the employer has the right to defend against the claim in court. This involves presenting evidence, calling witnesses, and arguing their position in a court of law.
• Contest the Severity or Causation of Injuries: Employers may challenge the extent of the alleged injuries or dispute that their negligence was the cause of the injury. Both parties will be able to present their arguments and show supporting evidence.

What an Employer Can Not Do in a Jones Act Claim

While employers have certain rights, the Jones Act, and related federal statutes also impose strict limitations in an effort to protect the rights of injured maritime workers.

• Retaliation for Filing a Claim: Employers can not retaliate against an employee for exercising their legal rights under the Jones Act, including filing a claim. This means an employer may NOT exercise such actions as termination, demotion, reduction in pay, or any other discriminatory treatment.
• Medical Treatment Providers: An employer cannot compel an injured worker to receive ongoing medical treatment solely from company selected doctors. Fishermen, seamen, and maritime workers retain the right to choose their own doctors for continuing care.
• Misrepresentation of Rights or Coercion: Employers are forbidden to mislead injured workers about their rights under the Jones Act or from pressuring them to sign documents that waive their right to compensation without full disclosure and informed consent.
• Interference with Medical Treatment or Professional Opinions: An employer cannot interfere with a worker’s prescribed medical treatment plan or attempt to influence the independent medical opinions of medical personnel.
• Unjustified Denial of “Maintenance and Cure”: Under general maritime law, injured maritime workers are entitled to “maintenance and cure,” which covers basic living expenses (maintenance) and medical care (cure) until maximum medical improvement (MMI) is reached. Employers cannot deny these benefits without a legitimate and legally defensible reason.
• Unauthorized Access to Medical Records: Employers cannot access an injured worker’s medical records without the explicit authorization of the worker or a valid court order. Medical privacy rights are protected.

Understanding these rights is paramount for any worker pursuing a Jones Act claim. While employers have the right to investigate and defend against claims, they are also bound by legal limitations that protect the rights of injured maritime workers.

Maritime law is a highly specialized field that demands specific experience and skill. The attorneys at Stacey & Jacobsen, PLLC, possess decades of dedicated experience in this complex area. They have successfully managed hundreds of challenging maritime injury cases, consistently securing significant compensation for their clients. If you have any questions regarding your rights under the Jones Act, call today for a free consultation.