Jones Act, Longshore, or Workers' Comp? Fitts Zehl, LLP Attorneys Houston Texas

There are many differences between Jones Act, Longshore, and Workers' Comp claims. Jones Act settlements are usually much greater than Workers' Comp. Making claims under Workers' Comp can also affect your ability to file a Jones Act claim. It is very important to consult an experienced maritime lawyer prior to taking any action, or filing any claim, after your injury.

Traditionally, Workers' Comp claims cover medical expenses, disability payments and lost wages. These benefits are most often paid out of the employer's Workers' Comp insurance policy. These relatively small settlements are only meant to keep you afloat until you can get back on your feet and return to work. In case of death, Workers' Comp settlements usually provide only small weekly payments for the life of the surviving spouse.

In contrast, the Jones Act can provide much higher cash settlements than Workers' Comp, as long as there is any negligence or unseaworthiness involved. Jones Act settlements usually cover hospital care, pain and suffering, lost wages and even inability to enjoy life's pleasures.

Longshore claims apply to individuals working under contractors providing offshore services. Because these assignments take Longshore workers onto a number of different vessels not under common ownership, these individuals do not meet the definition of a seaman and, thus, do not qualify to make a Jones Act claim because they lack the necessary substantial connection to a vessel or fleet of vessels. Instead, they can often file a claim under the Longshore and Harbor Workers' Compensation Act (LHWCA) which covers medical expenses and weekly compensation for lost wages. This is the only remedy for a longshoreman or harbor worker against their employer, regardless of fault or negligence. However, if the worker is injured due to an unsafe condition present onboard of his assigned vessel, or due to negligence on the part of that vessel, he or she may bring a negligence action under the LHWCA.

The Maritime Laws: A Basic Comparison
Posted by: rzehl
June 24, 2008

There are a few distinct differences in the way a case is handled depending upon the area of law under which a particular claim falls. Under the Longshore and Harbor Workers' Act, as well as under state workers' compensation, injured workers are entitled to receive compensation regardless of fault. However, in order to recover under the Jones Act, an injured seaman must prove that negligence on the part of either his employer or a fellow crew member contributed to his injury.

In addition to these differences, there are a few procedural caveats as well. Workers' Compensation claims are handled by a specific state agency while Longshore claims are handled by the U.S. Department of Labor. Jones Act claims, however, are entirely different in that they are not controlled by any administrative agency. Jones Act claims must be litigated through the court system. Handling any offshore injury claim can, and often does, prove to be difficult. Because of these subtle variations in how each claim is pursued, it is important to speak with an experienced maritime attorney who can help determine the proper course of action.

For a consultation regarding your specific claim, contact the experienced Texas maritime attorneys at Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

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It is very important that you contact an experienced maritime attorney before you take any action on your injury. Some employers may try to keep injured employees from knowing their legal rights. They may even encourage you to file a Workers' Comp claim instead of a Jones Act claim, in order to reduce the amount of any settlement.

Contact the Texas maritime lawyers at the Fitts Zehl Law Firm toll-free at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com.

Jones Act, Longshore & Harbor Workers

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