Thursday, May 17, 2012

Why You Should Not File For Unemployment Benefits while a Jones Act maritime Injury Claim

File Unemployment Claim - Why You Should Not File For Unemployment Benefits while a Jones Act maritime Injury Claim
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One of the difficulties seamen perceive while their Jones Act maritime injury claims is obtaining money to live on and to pay expenses with while the claim. Very often injured seamen will apply for unemployment benefits following a maritime injury. Often this can be a necessary mistake and it can sometimes greatly damage their Jones Act claim.

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One of the main reasons filing for unemployment can damage a Jones Act claim relates to the basic requirement that in order to secure unemployment benefits, most states need that the laborer recount and state in writing that the laborer can still accomplish the necessary functions of their prior job. In other words, in order to secure unemployment benefits the laborer must sign documents stating that he is still capable of working for the company. If the laborer is also claiming to have sustained a serious injury which prevents him from working in the future, obviously his claim for unemployment benefits will be used against him to try to show that he either lied in order to secure unemployment benefits or he is misrepresenting the seriousness of his injury in his Jones Act claim.

Under maritime law a Jones Act employer is required to pay maintenance benefits to an injured employee. Instead of attempting to secure unemployment, a much great approach by an injured seaman is to file a suit to secure maintenance benefits arising out of his work-related injury. The seaman only needs to show that he sustained an injury at work and he has not reached "maximum cure" in order to secure maintenance benefits from his employer. By collecting maintenance benefits, the injured seaman may avoid having to file for unemployment benefits which could greatly damage his Jones Act injury claim.

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