A Jones Act employer is not allowed to retaliate against an employee for exercising their rights under the Jones Act. However, the burden is on the employee to prove that the employer’s motivation for firing him was due to the employee exercising their rights.
If a Jones Act seaman is injured while working, their employer is responsible for providing them with medical treatment (cure) and for providing them with payments for their continued room and board (maintenance). The Jones Act employer’s duty to pay maintenance and cure continues until the injured seaman has reached “maximum medical improvement,” that is, when it is determined that further medical treatment will not help them to get any better.
The Jones Act also allows the injured seaman to seek damages for future wage loss and disability, but these damages must be proven.
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