Does the Jones Act Apply to Marine Construction Workers?
Many focus on some of the more well-known industries in the offshore industry. Oil and gas jobs, fishing, and other maritime work are among the first industries that come to mind. However, maritime construction is an offshore job that has the dangers associated with construction combined with the risks of offshore work.
Marine construction jobs include:
- Offshore oil rig construction
- Dredge work
- Bridge construction
- Dock construction
- Jetty construction
- And more
Offshore construction work is filled with hazards. Cranes, winches, and other types of equipment are dangerous if misused or poorly maintained. The construction industry has so many hazards that the Occupational Safety and Health Administration (OSHA) tracks the top four causes of the industry’s fatal accidents.
When the dangers of construction are combined with the dangers of offshore work, it’s obvious that maritime construction workers need and deserve protection. The information below will help a worker determine what claims they might be able to make after sustaining a work-related injury. However, speaking with an attorney is the only way to confirm what laws an injury is covered by.
Marine Construction Injury Claims
When a maritime construction worker sustains an injury caused by negligence, the type of claim they can make could vary depending on where their injury occurred. Two laws can apply to maritime construction work: the Jones Act and the Longshore and Harbor Workers Compensation Act (LHWCA). Determining which one of these laws applies to a worker is crucial to determining what claim they can make.
Jones Act Coverage for Marine Construction Workers
The Jones Act, also known as the Merchant Marine Act of 1920, is a law that provides offshore workers with the ability to seek compensation for work injuries caused by employer negligence. To make a Jones Act claim, a person must be considered a member of the vessel’s crew. In other words, a worker must be employed in direct relation to a vessel and at least 30 percent of their time must be spent in service of the vessel. Additionally, the vessel must be in navigable waters for the Jones Act to apply to workers on it. Anchored vessels are still considered to be in navigation. However, if a vessel is moored permanently or drydocked for repairs, the worker is likely covered under the LHWCA.
Maritime construction workers should call Arnold & Itkin LLP at (888) 346-5024 to find out if they qualify as a Jones Act seaman or not.
Longshore & Harbor Workers Compensation Act for Marine Construction Workers
When a maritime construction worker Is doing their job on a dock, moored ship, or any other non-navigable settings, they might qualify for an LHWCA claim. Claims using the LHWCA are different because they don’t require negligence. Instead, LHWCA claims only require a worker to sustain injuries while working. To learn about the Longshoreman Act, read our blog about the subject.
Call Arnold & Itkin LLP for Help After a Maritime Construction Injury
At Arnold & Itkin LLP, we’re focused on helping maritime workers receive the compensation they need after suffering from a work accident. While the information above is a useful starting point to determine if you have a case, you should call our team right now to find out more. We’re ready to provide you with a free consultation so you can discover your options. Best of all, if we take your case, we’ll cover the costs of your case and you’ll only pay if we win results for you.
Call our team of marine construction accident lawyers today at (888) 346-5024 for help.