Jones Act Benefits

There are three basic benefits afforded to Jones Act seamen; maintenance, cure and damages for personal injuries.  Jones Act seaman are also entitled to receive their unearned wages through the end of the voyage on which they were injured.[8]  The benefits of maintenance and cure are not addressed in the statute but these benefits date back to a 1903 United States Supreme Court case, The Osceloa.[9]  Jones Act workers have an absolute right, without exception, to receive immediate medical treatment as a result of injury or disease.  Additionally, they are entitled to receive maintenance during the period of time while recovering from the injury or illness.  Seamen are entitled to these benefits regardless of fault.  The additional damages provided for under the Jones Act for personal injuries are available when the worker’s injury is caused by unsafe conditions on a vessel or the negligent acts of his employer or fellow crewmembers.  Another related claim that is not covered under the Jones Act would be claims against any third party who may have contributed to your injury.

Maintenance

Maintenance refers to a ship owner’s duty to pay for the expenses of room and board while the worker is ashore and unable to work.  It is the absolute duty of the employer to provide this daily rate of pay until the worker is found fit for duty or placed at maximum medical improvement (MMI) by his doctor. 

Maintenance benefits were originally intended to replace the value of room and board provided on the vessel.  For many years payment of $15-30 per day was an acceptable rate for maintenance.  Many companies still insist on paying their employees this minimal amount.  The courts have determined that maintenance must be sufficient to cover the actual cost of the basic necessities for survival, including rent, utilities, transportation cost, food and more.  A maritime lawyer may file a separate lawsuit for maintenance and cure if the amount provided is inadequate to cover the seamen’s basic needs.

Cure

Cure benefits provide for payment of reasonable and necessary medical care for a seaman’s recovery.  Cure includes first aid and emergency treatment, transportation to medical facilities, treatment at clinics and hospitals, diagnostic tests, medication, physical therapy, specialists, surgery, rehabilitation and all other reasonable and necessary medical needs.  There is no excuse for an employer to fail to provide or obtain timely medical treatment for worker, even if it means calling the Coast Guard for transport.  Employers who fail to provide immediate medical attention can be held responsible if the injury or disease gets worse or if the delay causes more damage to the worker.  Again, a separate lawsuit may be filed by your lawyer to require an employer to pay medical expenses. 

An employer may not deny a seaman necessary medical treatment as long as the seaman has not reached Maximum Medical Improvement (MMI).  Once the seaman has sufficiently recovered from his condition or reaches a point when his condition is no longer changing or improving, he is at MMI.  In certain cases, a seaman will reach MMI but will remain unfit for duty but his employer’s responsibility to provide cure will end.  Medical treatment is referred to as “cure” which relates back to an old maritime usage.

Unearned Wages

In addition to maintenance and cure, employers owe an absolute duty to pay a seaman the unearned wages he would have received had they completed the voyage, but for his injury or onset of illness.  This duty applies regardless of negligence or fault on the part of the employer.  A seaman who becomes injured or falls ill during the course of employment is entitled to receive his unearned wages from the onset of the injury through the end of the voyage.[10]  The courts have concluded that comp time, tips, accumulated leave, and similar employment benefits constitute are to be included in the determination of “unearned wages” owed to a seaman.  Furthermore, the right to unearned wages may not be eliminated by contract or a collective bargaining  agreement. 

The greatest issue in determining the amount of unearned wages due to a seaman is in defining the voyage.  This is easy for seamen who are hired out of the union hall, as the contract of employment with a company is often for a specific voyage, from the time the vessel leaves the originating port until it returns to the same port at the end of the journey.  The court’s at times will use the terms of the employment contract to determine the time frame for paying unearned wages.  For example, in the case of cruise ships that take repeated short trips, the end of the voyage would be determined by the terms of the contract and the length of employment specified therein.  A claim may be pursued against the employer for nonpayment of unearned wages in the same manner as a claim for maintenance and cure would be prosecuted.  If negligence contributed to the seaman’s injury, the award for lost wages in a Jones Act claim would be adjusted for the unearned wages previously paid to the seaman by his employer.

Damages for Personal Injury

Damages for personal injuries under the Jones Act are available to maritime workers when the injury was caused by the unseaworthiness of the vessel or by the slightest degree of negligence by the employer.  Unseaworthiness has been defined to include slippery decks and stairs, ladders, galleys, lines, hoists, hatches, stowage areas, sleeping and living quarters and many other conditions that could be present a risk of injury.

The degree of negligence necessary to sustain a claim for personal injury damages has been classified as "slight negligence." The courts have defined "slight negligence" in such a way that many lawyers believe that the standard is closer to no-fault than to negligence.  Legally, there must be some small degree of negligence.  Courts have used the term "featherweight" to describe the degree of negligence required to prove a claim for Jones Act personal injury damages.  Many maritime workers don’t “see” or understand slight negligence and should leave this determination to a lawyer. 

Damages for personal injuries in Jones Act cases are usually obtained as a final settlement and sometimes as a court award.  Settlement amounts in Jones Act cases can be higher than in workers' compensation cases or longshore cases.  Some of the elements of damages include: wage and fringe benefit loss, expense of past medical care and future medical needs, rehabilitation, occupational therapy, retraining cost, pain and suffering and future pain and suffering, disability, loss of quality of life, impairment and a number of other legal damages.

Calculating Damages for Personal Injury

Calculating settlements for Jones Act claims requires knowledge of the elements of damages that form the basis of recovery as well as knowing how to place a dollar amount on each element.  Unrepresented workers usually arrive at a dollar amount that they feel is “fair” with no legal basis for reaching the figure.  This leaves room for the employer, insurance company or defense attorney to dispute the figure and ignore or deny the offer to settle.  It also shows them that the person making the offer of settlement has no clue as to the value of their claim.

The company, their lawyers and their insurance carriers have superior knowledge of settlement values and the settlement process.  A layperson cannot effectively negotiate a settlement when the other side has such an advantage.  If an unrepresented worker finally realizes he is at a disadvantage, he may feel inferior and assign unwarranted credibility to the employer's, more knowledgeable representative.  Too many workers have experienced a company induced “shock and awe” approach to settlements that puts the company at an overpowering advantage and the worker at an extreme disadvantage.  Workers without attorneys tend to settle for peanuts and usually never know the difference.

Damages Calculator

To determine damages in a Jones Act claim an amount must be determined, calculated and entered into each category below.  Other damages may be available but an attorney should make that determination.  This formula is made available only for the purpose of informing workers as to various elements of legal damages in a Jones Act claim and should not be used by a worker without legal representation.

To calculate a fair settlement estimate, insert a dollar amount for each of the following categories as applicable, and add for a total. 

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Future Medical as part of Settlement

Future medical is provided for in Jones Act claims but not in the same way as workers' compensation and longshore compensation.  Future medical in Jones Act is part of the final settlement.  In other words, the final settlement is the end of all money and other benefits that will be paid in a Jones Act claim.  On the other hand, future medical in workers' compensation and longshore compensation is a continuing obligation of the insurance company and is in addition to any settlement. 

Once a seaman reaches Maximum Medical Improvement, the employer’s duty to pay maintenance and cure ceases.[11]  After that point, no additional money will be paid for medical care or medications until settlement.  Then once a case is settled, all future medical expenses become the responsibility of the injured seaman. 

Because the only compensation provided for future medical care is the amount included and designated in the final settlement, the seaman should not settle for any amount unless there is ample money to cover the possibility of future medical expenses.  Additionally, the settlement must last the seaman for the rest of his life and the future effects of inflation must be calculated into any settlement so that the actual settlement does not decrease each year as inflation increases.

Lack of legal knowledge can result in wholly inadequate settlements that do not really provide for the possibility of future medical expenses or the future.  What may seem like a large amount of money at settlement time may just be a trap. 

The settlement can be properly structured so that an injured seaman will not find himself unable to afford possible continuing medical care.  Any settlement demand and final settlement should take into account the possibility of expenses for medications, future hospitalizations, durable medical equipment, medical supplies, and follow-up doctor care. 

The inclusion of future medical expenses in a final settlement demand must be supported by documentation from a treating physician or a medical expert who can correctly assess future needs as well as an economist who can project the cost of the future medical needs and translate those costs to present day values. 

A proper Jones Act settlement is complex.  Determining the beginning settlement number in a settlement negotiation as well, as the final number, is an art and a science requiring a high degree of legal skill, wisdom and experience.  A reputable maritime lawyer should know how to evaluate any personal injury case and he should be able to provide his client with an estimated settlement range.

Larger Jones Act awards usually come from court decisions not from settlements.  However, not every case is suitable for a jury.  There may be some risk associated with taking a particular legal dispute before a jury.  A reputable maritime lawyer can access these risks and help workers to understand the best course to take.  Every case is different and workers should avoid comparing their case to others.