Willful Acts of Seaman

In addition to defenses to be raised in Jones Act claims, employers have multiple defenses they may raise to eliminate the duty for maintenance, cure and unearned wages.  All of the defenses to the absolute duties of maintenance, cure and unearned wages fall into the category of willful acts of the injured seaman.  When a seaman’s injuries are caused by his own willful disobedience of the law, “willful misconduct” or willful concealment of a pre-existing condition the employer is excused from his duty to provide maintenance, cure and unearned wages. 

Various acts fall into the classification of “willful misconduct” for the purpose of negating the employer’s duty.  Among these are gross inebriation or drunkenness, fighting, and attempted suicide. [21]  When an employer claims a defense based on the willful concealment of a pre-existing disabling condition, the court must determine whether the action was concealment or simple failure to disclose.[22]  This defense is often referred to as the McCorpen defense after the case that set the standard for the issue. [23]  The failure to disclose an injury is not an automatic defense for the employer, the courts have stated that the employer must show that the withheld information would have had a  material effect on the decision to hire the employee.[24]