Key Takeaways
- The Jones Act protects qualifying seamen, while the LHWCA generally covers eligible longshore workers and other land-based maritime employees.
- A Jones Act claim requires proof that the employer’s negligence contributed to the injury. LHWCA benefits generally do not require proof of employer negligence.
- Jones Act damages may include lost wages, medical expenses, and pain and suffering. The LHWCA provides workers’ compensation benefits but does not compensate injured workers for pain and suffering.
Maritime workers face risks that employees in many other industries do not. If you are injured while working on or near the water, your rights under maritime law may depend on whether the Jones Act or the LHWCA covers you. That determination is based largely on your job duties and connection to a vessel, not simply your title or where the accident happened.
Ahead, we’ll explore how these laws differ and when to contact a maritime accident lawyer.
What Is the Jones Act?
The Jones Act, codified at 46 U.S.C. § 30104, allows an injured seaman to bring a civil action against an employer. It is a fault-based law, so the worker generally must show that the employer’s negligence contributed to the injury.
Maritime employers must provide seamen with a reasonably safe place to work. An employer may be liable when its negligence causes or contributes to a seaman’s injury.
Who Qualifies as a Seaman?
A seaman is an employee whose work contributes to a vessel’s function or mission. The employee must also have a substantial connection, in both duration and nature, to a vessel in navigation or to multiple vessels under the same ownership or control.
Duration generally concerns how much of the employee’s work is performed in service of the vessel. Nature concerns the type of vessel connection and if it regularly exposes the employee to the risks associated with work at sea.
The U.S. Supreme Court has indicated that a worker who spends less than approximately 30% of their employment time in service of a vessel ordinarily should not qualify as a seaman. This figure is a general guideline rather than a strict rule. Courts consider the worker’s employment relationship as a whole.
Captains and crew members often qualify, but job titles alone do not establish seaman status. Workers assigned to barges, dredges, or certain offshore rigs may also qualify if the structure is legally considered a vessel and the worker satisfies the seaman-status test.
Employer Negligence and the Burden of Proof
A seaman seeking compensation under the Jones Act must show that the employer was negligent and that the negligence played a part in causing the injury.
The Jones Act has a relatively light causation standard. The employer’s negligence does not have to be the only or primary cause of the accident. A seaman may establish causation by showing that the negligence contributed to the injury, even to a small degree.
Examples of possible employer negligence include:
- Failing to repair unsafe equipment
- Requiring employees to follow dangerous procedures
- Providing inadequate training or supervision
- Failing to maintain a safe work area
- Assigning too few crew members to perform a task safely
- Failing to address a known hazard
What Can a Jones Act Claim Recover?
A successful Jones Act claim may provide compensation for:
- Past and future lost wages
- Reduced earning capacity
- Past and future medical expenses
- Physical pain and suffering
- Mental anguish
- Disability and disfigurement
The amount available depends on the worker’s injuries, expected recovery, employment history, and evidence of negligence.
In addition to a Jones Act claim, an eligible seaman may have separate rights under general maritime law, including maintenance and cure or a claim based on an unseaworthy vessel. These remedies are not part of the Jones Act, although they may arise from the same injury.
What Is the LHWCA?
The Longshore and Harbor Workers’ Compensation Act, found at 33 U.S.C. §§ 901–950, is a federal workers’ compensation law. It generally covers eligible maritime workers who are not classified as seamen.
Unlike the Jones Act, the LHWCA provides no-fault benefits. An eligible worker usually does not need to prove that the employer acted negligently. The worker must establish that the injury arose out of and occurred in the course of covered employment.
Who Is Covered by the LHWCA?
The LHWCA may cover:
- Longshore workers
- Shipbuilders
- Ship repairers
- Shipbreakers
- Harbor construction workers
- Other employees involved in loading or unloading vessels
LHWCA coverage generally depends on both the type of work performed, known as the status test, and the place where the injury occurred, known as the situs test.
The status test considers if the employee performs maritime work that is integral to loading, unloading, building, repairing, or dismantling vessels.
The situs test considers where the injury occurred. Covered locations may include navigable waters and adjoining piers, wharves, dry docks, terminals, building ways, or other areas customarily used for loading, unloading, building, or repairing vessels.
Coverage does not depend on a universal distance from the water. Courts consider the location’s geographic and functional relationship to navigable waters and maritime activity.
How Job Duties Affect LHWCA Coverage
LHWCA coverage depends on the employee’s actual duties rather than the employer’s business or the worker’s title. For example, a truck driver who moves cargo within a marine terminal as part of the unloading process may qualify, while a driver who transports cargo over land after that process has ended may not. A mechanic may qualify if the work supports covered maritime operations.
Employees of stevedoring companies commonly perform covered longshore work, so employment by a stevedore does not exclude a worker from LHWCA coverage.
Exclusions may apply to:
- Employees who perform only clerical, secretarial, security, or data-processing work
- Certain marina employees
- Certain aquaculture workers
- Certain recreational-vessel builders and repairers
- Employees of restaurants, museums, retail outlets, or recreational operations
Some of these exclusions apply only if state workers’ compensation coverage is available. Masters and crew members of vessels are excluded from LHWCA coverage because they may qualify as seamen.
What Benefits Does the LHWCA Provide?
Depending on the injury and resulting disability, LHWCA benefits may include:
- Necessary medical treatment
- Temporary disability compensation
- Permanent disability compensation
- Vocational rehabilitation
- Death benefits for eligible survivors
- Reasonable transportation costs related to medical care
Disability benefits may be temporary or permanent and total or partial. The classification depends on the worker’s medical condition and ability to earn wages after the injury.
The LHWCA does not award damages for pain and suffering. A worker may have a separate claim against a vessel owner or another third party if that party’s negligence caused the injury. That claim would be separate from the worker’s LHWCA benefits claim.
How Are LHWCA Disability Benefits Calculated?
LHWCA disability payments are often based on two-thirds of the worker’s average weekly wage, subject to federal calculation rules and applicable limits. The amount also depends on the type and extent of the disability.
The U.S. Department of Labor updates the applicable limits each federal fiscal year. You can review the current LHWCA compensation rates for the latest figures.
LHWCA vs. Jones Act: Side-by-Side Comparison
| Issue | Jones Act | LHWCA |
| Who is covered? | Qualifying seamen with a substantial connection to a vessel or identifiable fleet in navigation | Qualifying maritime employees who are not vessel crew members and meet applicable status and situs requirements |
| Legal standard | The worker must prove employer negligence | The worker does not need to prove employer negligence |
| Who generally pays? | The employer or its insurer | The employer or its LHWCA insurance carrier |
| Medical expenses | May be recovered as damages in a successful negligence claim | Necessary treatment for a covered work-related injury or illness |
| Lost income | Past and future wage loss and reduced earning capacity may be recoverable | Disability benefits are calculated under federal formulas and limits |
| Pain and suffering | May be recovered through a successful negligence claim | Not available through an LHWCA benefits claim |
| General timing requirements | A lawsuit generally must be filed within three years | Injury notice is generally due within 30 days, and a disability claim is generally due within one year |
| Claim process | Civil lawsuit with the right to a jury trial | Federal administrative process through the Department of Labor |
These are general rules. Exceptions may change the time available or the harbor and longshore workers’ compensation recoverable in a particular case.
Which Law Applies to Your Injury?
The following questions can help identify the admiralty law that may apply:
- Were you assigned to a vessel or fleet as a crew member? The Jones Act may apply if your duties contributed to the vessel’s function or mission and your connection was substantial.
- Did you load cargo, repair ships, or perform other maritime work at a covered shoreside location? The LHWCA may apply if you satisfy its status and situs requirements.
- Did you divide your work between vessels and land-based facilities? Your classification may depend on the amount and nature of your vessel-related work.
Classification can be difficult for welders, riggers, crane operators, mechanics, and other employees whose work does not fit neatly into one category. A maritime injury lawyer can review your employment history and accident to identify the laws that may protect you.
How Schechter, Shaffer & Harris Helps Injured Maritime Workers
Schechter, Shaffer & Harris represents seamen, longshore workers, and other maritime employees who have been injured on the job. Our maritime accident lawyers examine your job duties, vessel assignment, work location, and accident to determine which claims may be available.
Our firm has represented clients affected by major maritime and industrial disasters, including the Deepwater Horizon explosion and the El Faro sinking. We understand the disputes that can arise when employers, vessel owners, contractors, and insurance carriers disagree about a worker’s classification or the cause of an accident.
Contact Schechter, Shaffer & Harris for a free, confidential consultation. Call 800-836-5830 to speak directly with an experienced maritime injury lawyer.
Frequently Asked Questions
What is the main difference between the LHWCA and the Jones Act?
The Jones Act allows qualifying seamen to sue their employers for negligence. The LHWCA provides no-fault benefits to eligible maritime workers who are not vessel crew members. The laws also provide different forms of compensation and use different claim procedures.
How do I know if I qualify as a seaman under the Jones Act?
Your duties must contribute to a vessel’s function or mission, and you must have a substantial connection to a vessel or identifiable fleet in navigation. Courts consider the duration and nature of that connection. The commonly cited 30% guideline can help with the analysis, but it does not determine status by itself.
Can a maritime worker be covered by both the LHWCA and the Jones Act?
A worker generally cannot recover as both a Jones Act seaman and an LHWCA-covered employee for the same job and injury because the LHWCA excludes vessel crew members. However, a worker whose status is disputed may pursue alternative claims until the correct classification is determined. Receiving voluntary LHWCA benefits does not necessarily prevent the worker from later establishing seaman status.
Does the LHWCA allow you to sue for pain and suffering?
An LHWCA benefits claim does not provide compensation for pain and suffering. You may have a separate claim against a negligent vessel owner or another third party in some cases. Your right to bring that claim depends on who caused the accident and their relationship to your employer.
What is the deadline to file a Jones Act or LHWCA claim?
The Jones Act statute of limitations generally gives an injured seaman three years to file a lawsuit. Under the LHWCA, an injured worker generally must notify the employer within 30 days and file a disability claim within one year. Different rules apply to occupational diseases, and exceptions may affect these deadlines.
