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If you are a seaman who has been injured on the job, you have the potential to seek compensation from your employer, although the money would not come directly from them. The California Jones Act lawyers at The Law Offices of Preston Easley, APC
A Jones Act case is a personal injury lawsuit against your employer, which you are allowed to file because of the protections that the law gives you. Since your employer has insurance coverage to protect them from liability, they will be involved in your case at practically every step of the way. Dealing with insurance companies is always difficult because they have their own profit motives at work.
The good news is that you do not have to deal with the insurance company on your own. Call the California Jones Act attorneys at The Law Offices of Preston Easley, APC at (310) 773-5207 to discuss your case during a free initial consultation.
Types of Insurance Coverage That May Apply to a Jones Act Case
Employers have various sources of insurance coverage to protect them when they are sued by an employee. They may have the following types of coverage:
- Protection & Indemnity insurance: This is the most common type of employer coverage, which covers Jones Act claims and maintenance and cure benefits.
- Maritime Employers’ Liability: This is a secondary type of coverage that may also be used to pay negligence-based damages. MEL insurance often serves as a supplemental or Gap type of coverage.
- Umbrella policies: Employers may purchase additional coverage that can be used when there are catastrophic injuries or damages.
Insurance Companies Defend Against Jones Act Legal Actions
Any type of insurance coverage comes with a promise that the insurance company will defend its client in the event of a lawsuit. When you file a Jones Act case in court, you are naming your employer as the defendant. When they have purchased insurance, it is often the insurance company that defends against your legal action. They will hire an attorney to present a legal defense.
In many types of personal injury cases, the insurance company calls all the shots when it comes to the litigation. With P&I insurance coverage, the insurance company will work directly with the insured employer to reach decisions in the litigation. Pay for the attorney and will coordinate expert Witnesses and investigations, but the policyholder will also have a say in defending against the lawsuit.
The actual balance of power between the insurance company and the insured depends on the exact language of the policy. Some insurance policies will give more control to the insurance company in the litigation. Other policies will require more involvement from the insured party.
You Need to Be Wary of the Insurance Company in a Jones Act Case
The insurance company’s interests may not always align with those of their policyholder. If the amount of the settlement is less than or equal to the value of the policy, the insured party may have a greater desire to settle the case. The insurance company may take a different viewpoint because the money is coming from them. Again, whether the insurance company and the insured party need to agree on the settlement may be governed by the exact language of the policy. Some policies give the insurance company the exclusive say over whether the case is settled.
Regardless, the insurance company is always taking a risk when they choose to fight and refuse to settle a case. If the insurance company had a clear opportunity to settle the case, but they took it to trial and lost, they could be liable to their policyholder in a bad faith lawsuit. This may happen when the policyholder ends up having to pay money that they would not have if the insurance company settled the case when they had the opportunity.
From your standpoint, you need to be prepared for a vigorous defense from the insurance company. Those that provide P&I insurance have a deep background in maritime law, and they work with attorneys who are already very familiar with these cases. You must go into your case with the understanding that the insurance company is prepared to go the distance in defending against it. If they choose to engage in settlement negotiations, you can expect a lengthy negotiation, turning down many offers that do not even come close to fully paying your damages.
Contact a California Jones Act Law Firm to Learn More
The insurance company is not going to just give you all the money you deserve for your injuries without a fight. Speak to the California Jones Act attorneys at The Law Offices of Preston Easley, APC during a free initial consultation to learn more about the legal process you are facing. Call us today at (310) 773-5207 or message us online to schedule a free initial consultation.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
