The Jones Act and its Differences With Workers' Compensation
The Jones Act is a federal law that provides much needed protection for mariners and seamen who risk their lives at work as they face the perils of the seas. Under the Jones Act, if a U.S. seaman is injured on the job he can claim damages from ship owners, the ship captain or other crew members if there was negligence that caused the injuries.
What you should know about Maritime Law...
If you suffered a serious injury while at sea it is your right to seek compensation from your employer. The money you recover can be used to protect your health, your family and your livelihood. If a loved one has died while engaged in seagoing operations, you may also be able to file a claim for compensation.
The attorneys at Arnold & Itkin LLP are experienced in maritime law and understand the differences between the various federal and state laws that affect your rights. We have helped workers along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama, recover compensation and we are experienced and passionate about each case. Call us toll free at 877-398-4972 or use our online contact form for a free initial consultation.
The Jones Act, although similar to the concept of workers' compensation and the Longshore-Harbor Workers’ act, has several key differences:
- Proving negligence. The major difference with the Jones Act is that the injured seaman must prove fault or negligence by his employer or fellow crew members. Under the Longshore and Harbor Workers' Compensation Act, as well as with many states workers' compensation requirements, an injured worker receives compensation regardless of fault.
- Administrative oversight. There is no state or federal agency that oversees Jones Act claims. Workers’ compensation claims are handled by a state agency, while longshore claims are handled by the U.S. Department of Labor. Jones Act claims must be filed and litigated in state or federal court, so injured maritime workers should consult with an experienced maritime attorney before proceeding with their case.
- Covered expenses. Standard workers' compensation payments are designed to provide medical care, disability payments and income benefits to the injured employee, replacing money the worker is losing because of the injury or illness. The Jones Act payments are typically much higher and more expansive, covering damages that include medical care, economic loss such as past wages lost and loss of future earning capacity, as well as loss of fringe benefits from time out of the workforce. In addition to economic damages, compensation may cover physical pain and suffering and disfigurement, mental anguish resulting from the injury and future reasonable and necessary medical expenses.
Contact Us for Your Legal Representation
A lawyer who understands the differences among the federal maritime statutes and their complexities is critical to ensuring you receive the compensation you deserve. If you file for workers' compensation or other benefits, it is possible to lose your right to pursue compensation under the Jones Act. Before filing for any damages you should consult with an experienced Jones Act and maritime injury attorney at Arnold & Itkin LLP for a free initial consultation.
Representing clients along the Gulf Coast in Texas, Louisiana, Alabama and Mississippi, we will work hard to get you the recovery you deserve. Call toll free (877) 398-4972 or contact us using the form on this page.
For more information and current news on maritime law, see gulfcoastmaritime.com.
