Jones Act Rights: Aggravation of Pre-Existing Medical Condition
One of the rights of a Jones Act seaman is compensation for aggravation of a pre-existing medical condition that occurs in service to a vessel.
Work aboard a vessel is stressful and can involve long hours, repetitive work, and severe physical and mental strain. All of this can exacerbate an existing medical condition. When this happens, the employer may be responsible for the worsening of a seaman’s medical condition.
This is why the employer, upon contracting the seaman’s services, will try to assess the seaman's medical condition and history and determine if he suffers from any illness or injury. However, a seaman who willfully conceals an illness or serious injury may not be eligible for benefits if the condition worsens. However, if a seaman was not asked about illnesses or injuries at the time of hiring, he may not be at fault for concealment. Courts are sometimes lenient in regards to a seaman’s failure to disclose illnesses or injuries, because the seaman may believe, in all honesty, that he is completely medically fit for the job, in spite of previous injuries or illnesses.
Employers may be liable for aggravation of a pre-existing medical condition, if the condition is disclosed. For example, if a seaman suffers from epilepsy and conceals this from the employer after being asked about his medical condition, and the epilepsy is aggravated by the stresses of working at sea; then the employer may not be liable for the exacerbation of the condition. On the other hand, a seaman who tells his employer he suffers from epilepsy may be eligible for aggravation of a pre-existing medical condition compensation if the condition worsens in service to the vessel.
These matters are very complicated and it is important to consult with a Jones Act lawyer to understand if you have a claim.
