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Seamen who qualify under the Jones Act generally cannot simultaneously file a Jones Act claim and traditional state Workers' Compensation claim because these statutes are mutually exclusive. Maritime law, such as the Jones Act and the Longshore and Harbor Workers' Compensation Act, replaces state workers' compensation coverage.
Seamen, defined as maritime workers assigned to vessels engaged in navigation, are covered by the Jones Act. State Workers' Compensation laws cover land-based employees under state jurisdiction. When you qualify as a seaman under the Jones Act, your employer is not subject to state Workers' Compensation coverage for that employment because federal maritime law preempts state compensation systems for vessel-based work.
State Workers' Compensation systems specifically exclude seamen because the Jones Act provides the exclusive remedy framework for these maritime workers. Filing under both systems is neither legally viable nor procedurally appropriate when you meet seaman status criteria.
Maritime employees who do not qualify as seamen, such as certain dockworkers, longshoremen, and harbor workers, may be covered by the Longshore and Harbor Workers' Compensation Act rather than the Jones Act or state Workers' Compensation. LHWCA functions as a federal Workers' Compensation system for non-seamen maritime employees.
Workers covered by LHWCA cannot simultaneously pursue Jones Act claims because these statutes exclude each other. There is a specific exclusion from LHWCA coverage for Jones Act workers, and LHWCA workers do not meet the vessel assignment requirements for Jones Act seaman status.
The Jones Act provides fault-based lawsuits for negligence and unseaworthiness, plus no-fault maintenance and cure benefits. Workers' Compensation and LHWCA offer only no-fault administrative benefits without the ability to sue for negligence or recover damages for pain and suffering.
The fundamental differences between these systems make it impossible to pursue both at the same time. Legal doctrines, including res judicata, collateral estoppel, and election of remedies, may bar or complicate claims when workers attempt to pursue multiple compensation systems simultaneously.
Some workers fall into a zone of uncertainty where seaman status is not immediately clear. Courts determine seaman status case by case based on vessel assignment percentage, job duties, and employment connection to vessels. When you seek one remedy first, you risk losing your eligibility for another if the court determines that you are covered by another.
Workers who file LHWCA or state Workers' Compensation claims may be argued to be barred from filing Jones Act lawsuits later, even though voluntary LHWCA payments made by employers often do not preclude further Jones Act suits. Analyzing your specific employment situation will help you determine which system is best for you.
We have extensive experience determining whether maritime injuries are covered by the Jones Act or alternative compensation systems, such as the LHWCA. Choosing the wrong system or attempting to file under both can jeopardize your right to full compensation. Contact the Environmental Litigation Group, P.C. today to have our attorneys analyze your vessel assignment and job duties to identify which legal framework maximizes your recovery and avoids procedural pitfalls.