The Maritime Laws: A Basic Comparison

Posted by: rzehl
June 24, 2008
Topic: Jones Act, Longshore & Harbor Workers

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.

Web Resources

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