Two forms of compensation a worker can seek, after being injured on the job, are worker’s compensation and Jones Act claims. The key distinction between the two has to do with where the injured occurred:
- If it occurred on land, in most cases, the claim would be filed under worker’s compensation.
- If it occurred while in the service of a vessel, even while docked, then the claim would be filed under the Jones Act.
Another difference between the two is in regards to fault. Worker’s compensation claims are considered “no fault” claims. In other words, it does not matter whether the employee or employer was at fault. Jones Act claims, on the other hand, require that the employer was negligent in some manner. However, it is worth noting, Maritime Laws do provide “no fault” protections under maintenance and cure claims.
Maintenance and cure claims are separate claims and are not the same as a claim filed under the Jones Act. In order to prove negligence while in service of a vessel, an employee must demonstrate the employer did not provide safe working conditions, in one or more areas of the vessel, including but not limited to:
- Understaffing of Crewmen
- Employee Not Properly Trained
- Hazardous Conditions Present
- Equipment Insufficient or in Improper Repair
- Vessel Is Deemed Unsafe
Furthermore, a crewman is entitled to file for addition damages for pain and suffering and all lost wages through the Jones Act, whereas, with a worker’s compensation claim, the injured employee is limited in the extent of compensation recoverable and could be prevented from filing a lawsuit against the employer.
Maritime Laws do provide better protections for workers, compared to worker’s compensation. Determining what recourse you could potentially have against an employer through maintenance and cure and the Jones Act is easier when you seek legal advice from qualified maritime and Jones Act attorneys, like those here at SMSH. Contact our maritime law office at 1-800-836-5830 to speak with a lawyer today!
