If you are employed around or in navigable waters,there are a couple of acts that you would most likely be familiar with: Jones Act and Longshore and Harbor Workers’ Compensation Act (LHWCA). These acts offer compensation for an offshore injury to maritime workers injured while on the job. The Jones Act takes care of people working offshore or on a vessel.
LHWCA,on the other hand,protects those working on land but close to the water. It also covers people working on vessels that aren’t in navigation. Ship loaders,ship builders,ship repairers,and harbour construction workers are people that LHWCA takes care of.
Let’s learn how claims relating to the Jones Act differ from workers compensation claims.
The primary difference is an injured seaman can sue his employer in case negligence has something to do with the injury,usually with help from a -. The threshold to prove negligence is low because working on seas is considered hazardous,and the law presumes employers do everything they possibly could to safeguard their employees. The injured employee does shoulder the proof burden and should amass evidence to exhibit that negligence was (at least) partially to blame for the injury.
With the conventional workers compensation claim,injured employees can’t sue their employers,irrespective of who is at fault.
Another major difference between the claims made as per the two laws is the employee gets only a portion of his earnings,along with reasonable compensation for medical expenses. The Jones Act claim is for the following:
- Maintenance (daily living costs)
- All lost income
- Cure (medical expenses)
- Pain and suffering
- Future lost wages
Filing Offshore Injury Claims
Since offshore claims aren’t the same as other kinds of employee compensation claims,filing such claims could be a tad complex,making a - essential. Also,you should gather evidence if you are keen on proving your employer’s negligent behavior.
