Shipping companies trying to buyout seamen’s Jones Act rights

Seaman need to beware of industry efforts to get them to sign away their Jones Act protection in exchange for a temporary raise.

We have received documents from a mariner about tanker company OSG’s “Salary Continuation Plan” in which the company would give them a 50 percent increase in base wages and union benefits for two months. In exchange, the workers would sign a release from having surgery unless they get a second medical opinion. If there is a conflict between both opinions then a third opinion must be sought. If he or she is found fit for duty within two months then there shall be no additional compensation. If found unfit for duty, the seaman can elect to either continue receiving 50 percent of wages until declared fit but waive all future rights to sue, or, receive no additional payment while retaining the right to sue.

According to the release if the worker is declared permanently unfit then the release is void. If the seaman challenges the validity of the release then they are responsible for the company’s attorney’s fees if the release is upheld.

See the OSG Salary Continuation Plan here.