NO! Maritime workers are covered under The Jones Act, a very complex set of maritime laws governing how seamen and maritime workers may receive compensation for injuries occurring while serving on vessels at sea. Originally enacted in 1920 as The Merchant Marine Act, The New Jones Act was passed by Congress and signed into law in 2006.
The Jones Act is not workers’ compensation, although they are often confused. Neither is it Longshore and Harbor Workers’ Compensation Act (LHWCA).
First, the Jones Act is only for maritime workers who qualify. They qualify if they meet this standard:
“Any worker who spends less than 30 percent of his time in the service of a vessel on navigable waters is presumed not to be a seaman under the Jones Act. An action under the Act may be brought either in a U.S. federal court or in a state court. The seaman/Plaintiff is entitled to a jury trial, a right which is not afforded in maritime law absent a statute authorizing.” U.S. Supreme Court, Chandris, Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995).
Second, maritime workers may be compensated for work related injuries due to negligence of the ship owner, captain or crew members. Benefits may be paid not only for the actual injury, but also, time off work, medical bills, occupational therapy, pain and suffering (current and future), to list a few. (workersxzcompxzkit) And, interestingly, compensation is often higher than “normal” workers’ compensation benefits.
Third, seek legal advice. Before filing a claim several important things must be considered. Is it a claim for The Jones Act, Workers’ Compensation or Longshore and Harbor Workers’ Compensation Act (LHWCA)? There are in excess of 25 different worker categories covered by the Jones Act. Determining where a worker fits under this very complex and changing maritime law is really the job for a qualified maritime attorney. Benefits, time and money may be lost if filing mistakes are made.
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
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