Navigating the Jones Act, LHWCA, or State Workers’ Comp after an Injury
If you’ve suffered an on-the-job illness or injury in the maritime industry, you might find yourself wondering whether you have to seek remedies under the Jones Act, the LHWCA (Longshore and Harbor Workers Compensation Act), or your state workers’ compensation laws. Especially if you work on a supply vessel or in some other maritime industry job that substantially divides your time with some hours worked on land and some aboard the ship, our Gulf Coast maritime injury lawyers understand that you may be uncertain which compensation scheme applies to you.
The U.S. Congress has over the years tried to pass laws to assure roughly equal treatment for all injured workers, but in its way, typically did not always make clear which law applies to which worker. In 1920, Congress passed the Merchant Marine Act, also known as the Jones Act for the lawmaker who sponsored it. The Jones Act formalized an employer’s obligation to provide for the maintenance and cure of injured or ill seamen. The Jones Act also provided that seamen could file negligence claims under the civil tort system and seek additional monetary damages from employers in some cases. But naturally, the Act did not clearly define “seaman.”
Litigation over the years has established that a seaman is a worker regularly employed on a vessel in navigable waters in a capacity that contributes to the functioning or the mission of the vessel. The Gulf Coast maritime injury lawyers at Denena Points, PC note that the seaman has to spend at least a certain percentage of his time in service to the vessel on navigable waters rather than on land. (For instance, a worker engaged in repairing ships in dry-dock might spend all of his working time on a vessel and in service to that vessel in a job that contributes to the functioning of the vessel, but he could not be considered a seaman under the Jones Act.)
The U.S. Congress passed the LHWCA in 1927 to provide relief to maritime industry workers who were not seamen employed regularly on navigable waters. The LHWCA is similar to state workers’ compensation schemes in that it provides a “no fault” system for the prompt medical treatment of and payment of benefits to injured or ill maritime workers who are not seamen.
Congress has also passed a law for offshore and continental shelf workers that provides relief, for example, to workers who become injured or ill while working on offshore oil platforms. And our Gulf Coast maritime injury lawyers should mention that there are also general maritime and admiralty laws that have governed the responsibilities of seamen and their employers for centuries.
In sum, if you work in the maritime industry and you’re injured or contract an illness on the job and need help paying your medical bills and getting back on your financial feet, you could need the help of an experienced Gulf Coast maritime injury lawyer to determine which compensation laws apply to you.
Contact the Experienced Gulf Coast Maritime Injury Lawyers at Denena Points, PC when You need Help Navigating the Compensation Laws
We offer a free and confidential initial legal consultation to discuss the specifics of your case, help you determine which compensation scheme applies, and evaluate your potential for a full financial recovery for your illness or injury. And we don’t charge attorneys’ fees unless we win your case for you. Call us at 713-807-9500 or reach us anytime by filling out our easy online contact form.