In the world of maritime law, Jones Act claims are quite common, but they can also be very complex. A particular issue that often arises involves pre-existing conditions. The big question is: “How does a pre-existing injury affect a Jones Act case or claim?”
Understanding the Jones Act
The Jones Act, officially known as the Merchant Marine Act of 1920, allows seamen who have been injured on the job to pursue personal injury claims against their employers. A key aspect of Jones Act cases is the inclusion of considerations for pre-existing injuries, or conditions that the claimant had before the incident leading to the claim.
What Is Considered a Pre-Existing Injury?
When filing a Jones Act claim, it’s crucial to understand what is considered a pre-existing injury. Pre-existing injuries can include any health condition, injury, or illness that was present before the maritime accident occurred. This can encompass everything from previous back injuries, to chronic illnesses, to conditions like heart disease. It’s essential to disclose any such conditions during your claim process.
The Influence of Pre-Existing Conditions on Jones Act Claims
A pre-existing injury, however, does not automatically bar you from a successful Jones Act claim or pre-existing injury settlement. The doctrine of the “eggshell skull rule” applies here. This rule, broadly interpreted, means a defendant must take a plaintiff “as is.” If a pre-existing condition is aggravated by a workplace injury, the employer may still be held liable for the full extent of the injuries.
Navigating the Challenges of Pre-Existing Conditions in Jones Act Claims
Even though the eggshell skull rule provides some protection, understanding and applying this rule can be complex. An employer might argue that your injuries were solely due to your pre-existing condition and not the workplace incident. This is where experienced maritime lawyers become invaluable.
How Schechter, Shaffer and Harris Can Help
At Schechter, Shaffer and Harris, our expert team specializes in Jones Act cases. We understand the intricacies of Jones Act claims, including how to navigate pre-existing conditions and the potential impact they may have on your claim.
We believe that you deserve full and fair compensation for your injuries, regardless of any pre-existing conditions. We work relentlessly to prove that your work conditions aggravated your existing injury, aiming for the maximum pre-existing injury settlement possible. Our goal is to ensure that your rights are fully protected under the Jones Act.
If you’ve been injured at sea and are worried about how your pre-existing condition may impact your claim, do not hesitate to reach out. Contact us today for a free consultation. Together, we can evaluate your case and discuss the best way forward.
Remember, in the world of Jones Act cases, pre-existing doesn’t mean precluded. Let us help you navigate these complex waters. Call Schechter, Shaffer and Harris, the worldwide maritime lawyers, today.
