Seamen are often fooled into thinking they do not have a claim because part of their injury is based on a pre-existing condition. Often times, the fact of the matter is that the seaman was able to work but because of an injury the pre-existing condition became aggravated and he became disabled. Such a seaman is not barred from recovery under the Jones Act.
The law is that a shipowner is liable for the aggravation of any pre-existing condition caused by an injury. Generally, the fact finder or jury is called upon to assess how much of the disability is related to the recent injury, and how much is related to the pre-existing condition after the injured party’s maritime lawyer presents all needed facts. Remember, the seaman was able to work until the pre-existing condition became aggravated. If a jury or fact finder is unable to apportion between the pre-existing condition and the injury, then the seaman is entitled to damages for the entire amount of the loss of the disability.
Another facet of the pre-existing condition lingo is that concerning the eggshell doctrine. Under that doctrine, even though an individual might have pre-existing condition that made him or her more susceptible to injury, if that prior condition never caused pain or symptoms in the past, the shipowner or his employer is liable for the total amount of the damages or injury caused by the accident. For instance, if someone has an eggshell skull, but it never before caused any problems, but was struck on the head negligently and that eggshell skull cracked. Even though the eggshell skull was pre-existing, it had caused no problems before and the shipowner or employer is liable for the total amount of the loss.
The motto of the story is that it is a shipowner or employer’s old wive’s tale that a pre-existing bars an individual from recovery under the Jones Act. Quite to the contrary, it does not.
