Preexisting health conditions can complicate matters when seeking compensation for maritime injuries. But the Jones Act offers vital protections for seamen injured by others’ negligence. If you were hurt while working at sea or on one of the many offshore oil rigs in the Gulf Coast region, our Houston offshore injury lawyer at Terry & Thweatt, P.C. can provide much-needed guidance.
We understand the intricacies of filing Jones Act claims. We also know you may be worried your employer will deny your claim based on your prior injuries. So, we offer free case evaluations at no obligation to you. Learn how our Houston offshore injury lawyer can help you get back on your feet after a workplace injury.
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A Brief Overview of the Purpose of the Jones Act
A Brief Overview of the Purpose of the Jones Act Officially known as the Merchant Marine Act of 1920, the Jones Act is a federal law designed to protect American maritime workers. Codified in 46 U.S.C. § 30104, this federal statute was originally enacted to support and maintain the U.S. merchant marine fleet while ensuring the fair treatment of seaman.
Along with requiring domestic shipping to be conducted by American vessels, the Jones Act also serves as a powerful legal tool for offshore workers who suffer injuries while on the job. This law extends to offshore oil rigs, fishing boats, cargo ships, and other vessels. Unlike workers’ compensation claims, injured employees can sue their employers under the Jones Act.
The Jones Act also grants you the right to a jury trial in a federal district court or state court. The goal is to hold employers accountable for maintaining safe working conditions and to protect the well-being of the maritime workforce.
The Eggshell Skull Standard for Preexisting Conditions
The “eggshell skull” rule generally applies to Jones Act claims involving preexisting conditions. Also called the eggshell plaintiff doctrine, it states the party being sued must accept the injured party as they find them.
In the context of a Texas oil rig accident, this means the employer is still liable for the full extent of the injury even if the worker had a preexisting injury. This legal principle can apply in one of two ways:
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The maritime worker suffers an injury unrelated to their preexisting conditions. For example, a worker with asthma suffers a broken bone due to faulty equipment.
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The workplace accident worsens a preexisting injury. For example, a slip and fall accident while working on a maritime vessel exacerbates a worker’s chronic back pain.
The eggshell rule doesn’t mean that employers are automatically responsible for injuries relating to preexisting conditions. You still must prove that the workplace incident aggravated the condition beyond its natural progression. Detailed medical evidence and expert testimony can help to support your claim.
Examples of Preexisting Injuries and Health Conditions
Health conditions and injuries that may influence Jones Act claims run the gamut. Some examples include:
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Arthritis
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Chronic pain
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Heart disease
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Back injury
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Diabetes
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Mental health disorders
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Chronic migraines or headaches
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Sleep apnea
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Asthma
Disclosure to Your Employer During the Hiring Process
Maritime employers often reference the McCorpen defense when trying to deny a Jones Act injury claim. The defense is based on the 1968 case of McCorpen v. Central Gulf Steamship Corp.
Many employers require a pre-employment physical exam for seafaring jobs. If an injured worker “intentionally and knowingly” withholds information about a preexisting medical condition, the employer may not be liable for damages in a maritime injury lawsuit. Potential employees must disclose any known disabilities during the hiring process.
Compensation for Damages and Losses You May Receive When Filing a Jones Act Claim
A personal injury lawsuit goes beyond maintenance and cure benefits afforded through the Jones Act. Possible damages you may recover in an offshore accident claim may include:
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Current medical bills, like medication and hospital visits
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Costs associated with future care, like rehabilitation
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Lost wages and diminished future earning potential
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Physical pain and suffering
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Permanent impairment or disfigurement
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Loss of consortium
In one case, Terry & Thweatt negotiated a confidential sum on behalf of a Bosun injured while handling lines on a ship. Another law firm rejected their case, believing that prior back surgeries rendered this client ineligible for compensation. Attorney Joe Terry disagreed, securing a positive outcome for them on the first day of trial.
Strive for Smooth Sailing With Your Maritime Injury Case
Our primary practice here in Texas is helping victims of offshore accidents get the financial relief and fair compensation they deserve. Filing a Jones Act claim isn’t easy, and preexisting conditions can significantly complicate matters. But these factors simply underscore the importance of strong legal counsel with relevant experience.
It’s crucial to act quickly if you’re hurt while working on a seafaring vessel, offshore refinery, or barge. The standard statute of limitations is three years from the date of the incident. This may sound like a long time, but swift action helps preserve evidence and provides the runway needed to develop the strongest claim for damages possible. We strive to be comprehensive in our representation.
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Hurt While Working at Sea and Need to File a Jones Act Claim? Our Offshore Injury Lawyers Strive to Uphold Your Rights if You Have a Preexisting Condition
If you were injured at sea and are interested in filing a Jones Act claim for compensation, our Houston offshore injury lawyer would be more than happy to walk you through the process, step-by-step so you and your family can rest easy, financially at least, while recovering.
To request a consulation with our offshore injury attorney in Houston, click the button above to fill out our online contact form. For immediate assistance, call our office at 866.870.0008 now!
