Jones Act Claim or LHWCA Claim?

For offshore workers who are injured while at sea or while working at a harbor, there will be many difficult decisions facing them in regards to compensation and determining how to claim. Two of the main ways employees apply for compensation are under the Jones Act and under the Longshore and Harbor Workers' Compensation Act. These acts were designed to help protect injured workers and provide assistance ensuring their rights are protected. As each are different, read through the following information or talk to an offshore injury lawyer to see which is best in your case.

The Jones Act was established in 1920 to protect seamen who were injured while at work. "Seamen" can include anyone who worked on the vessel and provided to the operation and maintenance of the ship. However, the only two reasons you are allowed to file under the act are negligence and unseaworthiness. If your employer, the ship owner, or another crew member showed negligence in their actions or failure to act, they could be liable for your injuries. If the vessel was proven to be unseaworthy, the owner could be responsible for any accident that occurred because they failed to keep the ship up to standards.

The Longshore and Harbor Workers' Comp Act (LHWCA) is another act that protects those injured or killed at sea. Whether through an accident or due to an illness, victims have rights regarding to compensation. Their employer has the responsibility to provide them with reimbursement for medical costs and after care. Not only that, but if you were forced to take time off of work to recover, you could be given a percentage of your average weekly wage during this time. The amount is usually 66.66% of your income, but if a family lost a family member in an accident, they could receive anywhere from 50% to 66.66% of their earnings.