Comparison of Maritime Laws

Maritime Attorney

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 the ship owner, ship captain or other crew members if it was negligence that caused the injuries.

It is important to discuss your legal rights with an offshore injury lawyer. If you suffered a serious injury while at sea, you may have the 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 as well as in other coastal states in the U.S. and can handle claims related to any navigable waters nationwide. If you are interested in finding out more about your rights and how a maritime lawyer at our firm can protect them, call our law office for a free consultation. We look forward to seeing how we can assist you.

The Jones Act vs. Workers' Compensation

The Jones Act, although similar to the concept of workers' compensation and the Longshore and Harbor Workers' Compensation 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 state workers' compensation requirements, an injured worker has the right to 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, disfigurement, mental anguish resulting from the injury and future medical expenses.

An Offshore Injury Lawyer Can Protect Your Rights

Involving an offshore injury lawyer who understands the differences among the federal maritime statutes and their complexities may be critical to ensuring you receive the compensation you deserve. If you file for workers' compensation or other benefits, it is possible that you may lose your right to pursue compensation under the Jones Act. Before filing for any damages, you should consult with an experienced attorney who can review your rights under the Jones Act, workers' compensation laws and all maritime laws.

Contact a maritime attorney at our firm for your free case review.