The LeadersIn Maritime Law

Can I Seek Disability Benefits?

In regards to disability benefits, the best answer is "It depends." Under the Jones Act, if you suffered an injury or illness that was the result of negligence or unseaworthiness, you could have a claim. The negligence could be on the part of the ship owner, employer, manager, or co-worker. Unseaworthiness refers to a lack of safety equipment, lack of training, an inadequate amount of crew members, and general unsafe conditions.

However, some occupational illnesses and injuries are not the direct result of either of these. Sometimes the repetitive nature of a job can lead to back injuries, arthritis, spinal injuries, etc. If this is your case, your best option could be to file under the Longshore and Harbor Workers' Compensation Act. This act does not require you to prove negligence or unseaworthiness, but is instead based on the employment relationship.

It offers disability benefits including the following:

  • Medical
  • Permanent Total Disability
  • Temporary Total Disability
  • Permanent Partial Disability
  • Temporary Partial Disability
  • Non-Scheduled Permanent Partial Disability
  • Rehabilitation
  • Death Benefits

The act covers maritime employees who work offshore or in harbors. However, if they are covered under a state's workers' comp law, they will not be able to claim under the Longshore and Harbor Workers' Comp Act. Disabled employees who claim under the LHWCA will be given about 66% of their average weekly wage while they are unable to work. There are also some instances of permanent disabilities being covered. If the injury led to the death of the employee, the surviving spouse will be given 50% of their income. If there were dependent children, this will increase by about 16%. If the payments were delayed by over 14 days, an additional 10% will be added to the amount due. To see if you qualify for help, talk to an offshore injury lawyer for legal counsel.

What is it Like To Work With Arnold & Itkin

Arnold & Itkin represented nearly a third of the crewmembers injured in the Deepwater Horizon explosion.

I encountered professionalism, understanding, compassion… lot of compassion. They really felt for what me and my wife were going through.
~ Deepwater Horizon Crew Member

Work with a lawyer who truly understands Maritime Law.

Because maritime law is so complex and so complicated, it is crucial that you work with an attorney who has an in-depth understanding of how it works and who has proven themselves in similar cases before.

Related Maritime Videos
  • Arnold & Itkin has represented offshore workers nationwide and has recovered billions of dollars. Watch this video to learn how and why that matters.

  • Arnold & Itkin has achieved record-setting verdicts for offshore workers across the country, representing survivors and victims of the nation’s biggest offshore tragedies.

  • At Arnold & Itkin, our success can be traced to one core belief that we've held throughout the years: every case is personal to our team.

  • At Arnold & Itkin, we pride ourselves on giving our clients access to the best lawyers and best legal team possible. Because that's how you get the best results.

  • Our founding partners have worked together for more than a decade.

  • We know this a difficult time. Let us help.

Discuss Your Legal Rights & Options

Free Case Evaluation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your email address.
  • Please enter your phone number.
  • Please make a selection.