Injured on a Freight Carrier?

If you were injured while working on a freight carrier at sea, you could be entitled to compensation for injuries and lost wages. However, it can be difficult to determine which type of claim to pursue. As each case is different, filing under the Jones Act, Longshore and Harbor Workers' Compensation Act, or applying for workers' compensation will lead to different amounts of compensation.

The Jones Act protects seamen who have been injured because of unseaworthiness or negligence. If the vessel was shown to be unsafe, the ship owner could be liable for any injuries sustained as a result. As well as that, if a fellow crewmember or your employer was negligent, they could also be liable for your injuries. The Longshoreman and Harbor Workers' Comp Act protects those who are injured or become ill while at sea. It covers harbor workers, ship repairers, ship breakers, and other maritime-related employees. If you qualify under the act, you could receive about two-thirds of your weekly wages while you are unable to return to work.

To recover benefits under the Jones Act, the injured worker must prove negligence or the unseaworthiness of the vessel, and the lawsuit is brought in state or federal court. Negligence does not need to be proven to be entitled to benefits under the Longshore and Harbor Workers' Compensation Act or a state's workers' compensation laws, and the claim is handled by a state or federal agency. The main difference lies in damages. A civil suit can result in significantly higher compensation in a Jones Act claim. If you elect to receive workers' compensation benefits, you may lose your right to pursue a Jones Act remedy. Make sure to consult an offshore injury lawyer before you take any legal steps to ensure you preserve your rights and interests.