Maritime workers who are injured on the job are entitled to certain benefits and protections under federal law. However, the type of benefits and protections available can vary depending on the worker's job duties and the circumstances of their injury. Two of the most common types of claims for maritime workers are longshore claims and Jones Act Seaman claims.
Longshore Claims:
Longshore claims are a type of workers' compensation claim that are available to certain maritime workers who are injured while working on or near navigable waters, such as docks, piers, and terminals. Longshore claims are covered under the Longshore and Harbor Workers' Compensation Act (LHWCA), a federal law that provides benefits to injured maritime workers who are not seamen.
To be eligible for a longshore claim, the worker must meet certain criteria, including:
The worker must be employed in a maritime occupation, such as loading and unloading cargo or ship repair.
The worker must be injured while working on or near navigable waters.
The worker's injury must occur while they are engaged in their job duties.
If the worker meets these criteria, they may be entitled to compensation for their medical expenses, lost wages, and other damages related to their injury.
Jones Act Seaman Claims:
Jones Act Seaman claims are a type of personal injury claim that are available to seamen who are injured on the job due to the negligence of their employer or a co-worker. Under the Jones Act, seamen are entitled to a higher level of protection and compensation than other types of maritime workers.
To be eligible for a Jones Act Seaman claim, the worker must meet certain criteria, including:
The worker must be considered a seaman under the Jones Act, meaning that they must be employed on a vessel that is in navigation and must have a substantial connection to the vessel.
The worker must be injured while working on the vessel.
The worker's injury must be caused by the negligence of their employer or a co-worker.
If the worker meets these criteria, they may be entitled to compensation for their medical expenses, lost wages, pain and suffering, and other damages related to their injury.
Key Differences between Longshore Claims and Jones Act Seaman Claims:
Eligibility: Longshore claims are available to certain maritime workers who are not seamen, while Jones Act Seaman claims are available only to seamen who meet the criteria under the Jones Act.
Benefits and Protections: Jones Act Seaman claims provide a higher level of compensation and protection than longshore claims, including the right to sue for negligence and a wider range of damages.
Negligence: Longshore claims do not require proof of negligence on the part of the employer, while Jones Act Seaman claims do.
In conclusion, both longshore claims and Jones Act Seaman claims provide important protections and benefits to maritime workers who are injured on the job. However, the eligibility criteria, benefits, and requirements for each type of claim can differ significantly, so it is important for workers to understand their rights and options under the law. If you are a maritime worker who has been injured on the job, call Ryan Pigg at (855) 713-PIGG for help navigating the complex legal process and pursue the compensation you deserve.
