Why You Should Not File For Unemployment Benefits During a Jones Act Maritime Injury Claim

One of the difficulties seamen experience duringthe future, obviously his claim for unemployment
their Jones Act Maritime injury claims is obtainingbenefits will be used against him to try to show
money to live on and to pay expenses withthat he either lied in order to collect
during the claim. Very often injured seamen willunemployment benefits or he is misrepresenting
apply for unemployment benefits following athe seriousness of his injury in his Jones Act claim.
maritime injury. Often this can be a criticalUnder maritime law a Jones Act employer is
mistake and it can sometimes greatly damagerequired to pay maintenance benefits to an
their Jones Act claim.injured employee. Instead of attempting to collect
One of the main reasons filing for unemploymentunemployment, a much better approach by an
can damage a Jones Act claim relates to theinjured seaman is to file a suit to collect
basic requirement that in order to collectmaintenance benefits arising out of his
unemployment benefits, most states require thatwork-related injury. The seaman only needs to
the employee represent and state in writing thatshow that he sustained an injury at work and he
the employee can still perform the essentialhas not reached "maximum cure" in order to
functions of their prior job. In other words, incollect maintenance benefits from his employer.
order to collect unemployment benefits theBy collecting maintenance benefits, the injured
employee must sign documents stating that he isseaman may avoid having to file for
still capable of working for the company. If theunemployment benefits which could greatly
employee is also claiming to have sustained adamage his Jones Act injury claim.
serious injury which prevents him from working in