People who are injured very often are entitled to damages, whether they are involved in a car, truck, train, plane or boat accident. In some cases, however, the procedures for seeking justice are very different because the recovery rules are based on entirely different laws.
For several years, railroad workers had specific rights under federal law to collect damages for injuries that occurred while working on the job. Those rights were extended to seamen with the passage in 1920 of the Federal Merchant Shipping Act, also known as the Jones Act (named for Senator Wesley Jones, the Act’s sponsor). Some maritime workers, not covered by the Jones Act, are protected by the Longshoremen Act.
The Jones Act specifically allows seamen to file claims and collect from their employers for the negligence of the shipowner, captain, or crew members. The protection applies to anyone who spends 30 percent or more of their working time “in the service of a vessel on navigable waters.”
While most Americans injured on the job seek workers’ compensation to obtain justice, sailors must seek justice by seeking help under the Jones Act. In addition to damage payments, sailors can apply to cover death benefits, medical care costs, and lost wages associated with the injury. The benefits can be extremely higher than the benefits for shore workers, if it is a knowledgeable and trained attorney.
Claims can be for injuries resulting from work on offshore platforms, tugboats, barges, tankers, cargo ships, ferries, fishing trawlers, workboats, water taxis or for longshore worker injuries or international maritime injuries. Anyone who thinks they might be covered should contact an attorney familiar with the Jones Act for advice.
The Longshoremen’s and Harbor Workers’ Compensation Act, commonly known as the Longshoremen’s Law, was enacted in 1929 and covers certain maritime workers, including most dock and shipyard workers who are not covered by the Jones Act. Generally speaking, an injured worker who is covered by the Longshore Law is entitled to temporary payment of two-thirds of his weekly wage while receiving medical treatment and payment of damages.
The Longshore Law provides protection against workplace injuries and occupational diseases to some 500,000 workers who are injured or contract occupational diseases on US navigable waters or at ports or docks.
There are risks involved with the Longshore Law. An injured worker, for example, who quickly agrees to follow the insurance adjuster’s advice to “see our doctor” is legally bound to that choice, an action that often reduces the worker’s chance of just compensation. The smartest thing to do is to consult with an attorney before signing any document you are given by an insurance adjuster, who is not paid to look out for the best interests of the worker.
There are many horror stories of car and truck accident victims giving up their birthright by signing documents shown to them by insurance adjusters. The same applies to injured seamen, longshoremen, or other maritime workers injured on the job, whether they are covered by the Jones Act or the Longshoremen Act.
All injured workers should always remember that insurance companies are not their friends. If you want someone to represent your best interests, that would be your lawyer. There are plenty of protections for injured and dead sailors and other maritime workers, so make sure you don’t give up those rights, but instead receive the justice you’re entitled to.