HomeMaritime Law BlogMaintenance & CureWhat to Do if Your Employer Offers You Advances When Pursuing a Jones Act Claim

What to Do if Your Employer Offers You Advances When Pursuing a Jones Act Claim

At first, it may seem like a godsend when an employer offers an injured maritime worker “extra” payments, which they refer to as advances. The first instinct of many workers – who may also be considering or actively pursuing a Jones Act claim – is to gladly accept those payments because they are struggling to meet their daily needs without a regular income after their accidents.

However, there are several downsides to receiving advances because they:

  • are taxed like wages (maintenance and cure payments generally are not);
  • may be advances on the worker’s Jones Act injury settlement (i.e., the settlement award will be reduced by any advances the employee received); and
  • are sometimes used by employers to make themselves appear generous in court.

What to Do If Your Employer Offers You Advances

Undoubtedly, the whole aftermath of a maritime accident is overwhelming. Not only are workers dealing with the physical and emotional injuries, but they are often struggling to make ends meet because they are not able to return to their posts.

However, it’s important not to jump the gun and accept whatever settlement offers or advances are put on the table. If your employer offers you advances, it’s in your best interest to contact a maritime attorney to determine if it really is the best solution for you.

At the Young Firm, we believe that injured seamen should be compensated the full amount for which the law provides.  We routinely help workers fight for fair settlements, and we can help them understand the differences between advances and maintenance payments. 

Understanding Benefits after a Maritime Accident

Seamen are protected under maritime law and the Jones Act should they suffer an injury, but it’s an area of the law that’s multi-tiered and somewhat intricate. Injured maritime workers should consult an attorney to ensure they fully understand what benefits they are entitled to, and the impact they may have on their final Jones Act injury settlement.

For a reputable maritime firm, contact The Young Firm at 504-680-4100 today for a free consultation.

have a question?