Can my employer force me to file a vessel injury claim on my personal health insurance policy?

A:

Under the Jones Act, the employer is obligated to provide you maintenance and cure for illness and injury on the job. Even so, there have been cases of employers telling seamen to use their own personal insurance policies to prevent settling claims under the Jones Act. If this happens to you, bear in mind that private health insurance may not cover on the job injuries—they fall under worker’s comp/Jones Act type coverage—and fraud charges could even be filed against you. Note also that if your private policy does agree to cover your charges, you will have to reimburse the insurance carrier for those costs if you win a Jones Act claim or receive a settlement.

Filing with your insurance carrier can also delay the filing of your Jones Act claim.

If your employer tells you to file a medical insurance claim on your private health care policy, contact an experienced maritime attorney at once.

Source: Legal Bugle.com