Do voluntary LHWCA compensation payments prevent a Jones Act lawsuit?

As one recent case illustrates, an employer’s decision to halt voluntary payments under the Longshore and Harbor Worker’s Act (LHWCA) did not prevent Jones Act coverage. The injured worker had been receiving the voluntary payments for several months and then they stopped without warning. The central question that went before a federal court was: could the worker file a Jones Act case after already receiving payments?

The Deputy Commissioner which reviews LHWCA claims argued that the worker was out of line for collecting money and then abruptly changing course. The Jones Act lawyer argued—successfully—that the precedent set by previous Jones Act/LHWCA claims tested the other way made it “logical” for the process to “work both ways.” That precedent had been set by the Supreme Court.

The bottom line is that if your employer stops making voluntary compensation payments, you have other options such as filing a Jones Act claim. Contact an experienced offshore law firm at once.

Source: 1800JonesAct.com