Higher payout in fault-based claims: The difference between the Jones Act and the LHWCA

There are multiple laws governing worker compensation in the maritime industry. Learning the differences among them can be complex because each law has its own rules regarding the types of workers it covers, the damages that may be recovered, and the documents required to establish the employer's fault. Among these legal recovery processes, the Jones Act and the Longshore and Harbor Workers' Compensation Act (LHWCA) are the most prominent remedies for work-related injuries in the maritime industry.

Comparing the Jones Act and the Longshore and Harbor Workers' Compensation Act

Eligibility: Are you a seaman or a harbor worker?

The eligibility requirements for the Jones Act and LHWCA show that the two legal remedies are mutually exclusive, and qualifying for one means you do not qualify for the other. However, there are some instances where a worker is not qualified for either of the two, which is why it's important to consult a law firm to determine if your case is eligible.

• LHWCA for shore and harbor employees: You are a land-based worker in the maritime industry that works in areas adjacent to waters, including in terminals, docks, terminals, ship repair sites, construction, and many more.
• Jones Act for seamen: You must have served at least 30% of your working time on a vessel or a fleet in navigable waters. You could be a crew member, captain, deckhand, a fisherman, or any other role significant to the functions of the vessel. Under the Jones Act, your case may be eligible if you sustained an injury or developed an occupational illness within the past three (3) years. ELG Law assists seamen in filing Jones Act claims for catastrophic injuries and exposure-related cancers.

Recoverable damages: Which benefits can you file for under the Jones Act or LHWCA?

The potential payout for a claim differs between the two acts, as fault-based remedies typically allow higher compensation.

• Jones Act (fault-based claim): Under general maritime laws, seamen are already qualified for no-fault 'maintenance and cure benefits,' which include medical expenses and living costs covered until the employee is able to return to work. If you can prove that your employer is negligent or partially at fault for your injury, you can file a claim for full tort coverage under the Jones Act. This includes compensation for pain and suffering, loss of earning capacity, future loss of wages, mental anguish, and more. There have also been rare cases in which punitive damages were awarded by the jury for late payment of maintenance and cure benefits. Additionally, there is a higher potential payout if an unseaworthiness claim is also proven.
• LHWCA (no-fault administrative process): Through the LHWCA, you can go through a standard administrative process for medical benefits and wage replacement as disability benefits. Wage replacement is typically two-thirds of the average weekly wage, and dependents may also qualify for survivor benefits. These payouts are claimed through a faster standard process and typically paid by private insurance companies, but you cannot sue your employer for pain and suffering.

ELG Law can help you file a Jones Act claim for work-related injuries or illnesses

Without having complete knowledge of maritime laws, there's a risk that you might get classified as a shore or harbor worker. Employers may try to disqualify you from higher compensation and additional damages protection under the Jones Act by urging you to file for the wrong legal process.

At ELG Law, our experienced lawyers can evaluate your claim and determine if you're eligible for a Jones Act claim. We only need your medical records and work documents that may help you prove your employer's negligence (work logs, safety sheets, incident reports). If you are a seaman who sustained an injury or received a diagnosis within the past three years, we urge you to contact us as soon as possible.