Seamen with substantial vessel connections fall under the Jones Act, which enables them to recover uncapped damages by establishing employer negligence in workplace safety or vessel seaworthiness. The Longshore and Harbor Workers' Compensation Act (LHWCA) covers non-seamen maritime employees instead, providing no-fault administrative benefits capped at medical treatment, partial wage replacement, and disability compensation.
Under the Jones Act, seafarers who spend at least 30% of their work time on a vessel or fleet are covered. Those whose duties contribute to the operation of vessels, such as deckhands, engineers, captains, fishermen, offshore crew members, tugboat operators, and barge operators, are eligible for the program.
Land-based maritime workers covered by the LHWCA include longshoremen, shipbuilders, ship repair technicians, harbor workers, and stevedores. Work on docks, terminals, piers, wharves, shipyards, and adjacent maritime facilities on navigable waters is subject to this federal system.
The Jones Act is a fault-based system in which injured seamen must prove that the negligence of their employers or the unseaworthiness of the vessel contributed to their injuries. Any employer fault, even minimal, must be shown to have contributed to injury under the featherweight negligence standard.
The LHWCA, on the other hand, is a no-fault workers' compensation system. Similar to state workers' compensation programs but tailored to maritime work, injured workers receive benefits automatically without needing any proof of negligence.
Jones Act claims allow injured seamen to sue employers in federal or state court with access to jury trials. The amount of damages is not limited and may include all medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, mental anguish, disability, and disfigurement.
Among the benefits provided by LHWCA are medical treatment, disability payments calculated as two-thirds of average weekly earnings, vocational rehabilitation services, and survivor benefits if the employee dies. Non-economic damages, such as pain and suffering, are not covered by LHWCA.
In Jones Act cases, civil lawsuits are filed in state or federal courts, where juries may determine liability and damages. A full trial procedure, including discovery and expert testimony, can result in substantial damage awards when negligence is proven.
LHWCA claims are processed administratively before administrative law judges without jury trials. Claims follow statutory schedules for benefits and use simplified procedures compared to civil litigation, resulting in faster resolution but limited compensation amounts.
The Jones Act does not require employers to carry special insurance policies. Injured seamen make claims directly against their employers, who remain liable for damages regardless of insurance coverage.
Employers must obtain federal LHWCA insurance or obtain authorization to self-insure under the LHWCA. As a result of this federal requirement, covered workers remain eligible for benefits even in difficult financial times.
Maritime workers fall under either of these systems, not both. The Jones Act is available to seamen who meet vessel assignment and contribution requirements. Workers who work in maritime environments but don't qualify as seamen are covered by the LHWCA.
Our attorneys have extensive experience evaluating whether injured maritime workers fall under Jones Act or LHWCA coverage based on job duties, vessel connections, and work locations. The distinction determines whether you pursue fault-based litigation for unlimited damages or administrative benefits through no-fault procedures. Reach out to Environmental Litigation Group today to find out how we can maximize your maritime employment compensation recovery.
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