Filing for disability during your Jones Act maritime claim–Is it a good idea?

Many individuals struggle to pay their monthly bills while their Jones Act case is moving forward. Very often your company will not pay you sufficient money for you to live on during your case. Injured seamen will often ask if they can file for and try to collect disability benefits during their Jones Act case. In almost all cases, it is perfectly fine for you to file for disability benefits during your Jones Act case. Very rarely will filing for disability harm your Jones Act case.

There are generally two types of claims which can be made for disability benefits. Some individuals will have a private disability insurance policy which is paid for either by their employer or themselves during their employment. These private policies are typically for short-term disability (STD) and long-term disability (LTD) disability benefits. In addition to private policies, there is also the Social Security Administration which will provide disability benefits to an individual who has sustained a permanent disability. In almost all cases, it does not harm your Jones Act case to apply for disability under either of these methods.

Under your private disability policy, you generally receive two thirds your salary if you are able to show that you are not capable of returning to your previous employment. Private disability policies will almost always take an offset or a credit for any money that you are receiving from your employer under maintenance and cure laws as well as any money that you may ultimately receive from Social Security through ‘SSI’ disability. In fact, most private disability insurance policies have a clause that requires the employee to also file for disability under SSI. You can sometimes think of your private disability insurance as a policy of last resort which will pay you only if you are not receiving two thirds your salary from your employer or you are not receiving such amount through SSI. Finally, it is important to note that almost all private disability insurance policies specifically state that the insurance company is to be repaid the full amount of disability benefits paid to you if you are able to obtain a settlement of your Jones Act suit. This is commonly referred to as a right of reimbursement or subrogation. We often tell our clients that even though their private disability insurance may be paying benefits during their Jones Act case, at the end of the case it is very likely that they will be required to repay some or all of those benefits to their insurance company. However, this can still provide a temporary benefit to the employee who will receive enough money to live on during their case.

Under SSI disability, you must also prove that you are disabled from returning to your prior occupation (similar to the requirements to collect private disability benefits). Generally SSI claims are denied at the time of the initial application. It is uncommon for an individual to receive SSI disability when they first apply. Rather, most individuals must appeal the initial denial of their benefits in order to ultimately receive a favorable decision. One potential harm to your Jones Act case that can occur is that SSI can request or require that you be examined by one of their own physicians in order to determine the nature and extent of your disability. SSI is allowed to request a full examination of you to determine if you are in fact disabled. If this physician issues a report stating that he does not believe you are fully disabled from your prior occupation, this type of evidence can sometimes harm your Jones Act claim.

Filing for disability while you have a Jones Act claim can often provide significant financial resources to pay your monthly bills. However, it is important to understand the above issues that may arise. Under a private insurance policy you may ultimately be required to repay the insurer so you may not actually net any additional money in your pocket. Under SSI disability, a Social Security chosen physician may examine you and could issue a report contrary to your prior physicians. This type of evidence could ultimately be used against you in regard to your Jones Act claim. As with any other issue in regard to a serious Jones Act claim, it is critical that you speak to an experienced attorney to discuss the facts and circumstances of your particular case.

About the Author

Maritime law is complicated, and companies fight Jones Act cases. There is help though. Learn all about
Jones act law
and the rights, choices and options you have if you have suffered an injury under the Jones Act by visiting the website of our
Louisiana Jones Act lawyers
.

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