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The Jones Act and the Longshore and Harbor Workers' Compensation Act
Maritime law covers several types of claims by injured sailors and people working on or around ships through the Jones Act and the Longshore and Harbor Workers' Compensation Act.
September 04, 2011 /Government PR News/ -- Admiralty law has long considered sailors wards of the industry and imposed a duty on ship owners and operators to provide certain care for sailors when they are injured in offshore accidents. Over the years, maritime law has expanded to encompass several types of claims for injured sailors as well as people working on or around ships and oil rigs through the Jones Act and the Longshore and Harbor Workers' Compensation Act.
The Jones Act
Congress passed the Jones Act in 1920 to strengthen national defense and expand the shipping industry so domestic commerce could flourish after the First World War. A main provision of the Jones Act supplies remedies for people working on ships who sustain injuries on board. The Jones Act allows any seaman injured aboard a vessel in the course and scope of his or her employment, on a navigable waterway, to sue his or her employer to obtain compensation for the injury if the employer or one of the employer's agents were negligent in some way -- no matter how slight.
Through a Jones-Act claim, an injured seaman may be able to obtain compensation for pain and suffering, lost wages and other damages. Survivors of fatally injured seamen also may bring wrongful-death claims against the ship owners or operators under the Jones Act.
To bring a claim under the Jones Act, an individual or family first must establish that the injured person is a seaman. Courts have determined that an individual is a seaman if he or she:
- Contributes to the ship's function or mission, and
- Has a connection to the vessel that is substantial in duration and nature
A general rule is that a person who spends at least 30 percent of his or her time on a vessel on the water is a seaman. Whether the person is a seaman is ultimately determined by a judge, however, based on the individual facts and circumstances of each case.
The individual or family also must prove that the injured seaman was on a vessel when the injury occurred. The U.S. Supreme Court has defined a vessel as "a watercraft that is used, or capable of being used, as a means of transportation on water." While this may seem like a fairly straightforward definition, technological advances in equipment for extracting oil and natural gas from sea beds have made it more difficult to determine whether a given piece of equipment, like an oil rig, drilling rig, production platform, lay barge, service and supply boat or dredges, counts as a "vessel" for the purposes of the Jones Act.
In addition, the individual or family also must demonstrate that the vessel was on "navigable waterways" when the injury occurred in order for the Jones Act to apply. Courts have defined navigable waters as interstate waters usable as a highway for commerce. This definition rules out bodies of water contained solely in one state.
The Longshore and Harbor Workers' Compensation Act
The Longshore and Harbor Workers' Compensation Act is a more traditional workers' compensation system that Congress enacted in 1927 for people who work in the maritime industry but do not qualify as seamen and, therefore, cannot bring claims under the Jones Act if they are injured on the job. Some workers whose job-related injury claims are covered by the LHWCA include people who load and unload vessels, repair vessels and build vessels.
Unlike Jones-Act claims, the LHWCA does not require injured workers to prove that someone else's negligence caused their injuries. Instead, compensation may be provided no matter who was at fault.
In general, to qualify for benefits under the LHWCA, an injured worker must prove two things:
- The injury occurred on navigable waters or any adjoining area customarily used for loading and unloading a vessel, such as a dock, pier, dry dock or terminal.
- The individual was engaged in "maritime employment" at the time of the injury.
A qualifying injury can be an acute injury like a broken bone or an occupational disease that results from the work the employee does.
The potential remedies available to injured longshore and harbor workers under the LHWCA include:
- Two-thirds of the worker's average weekly wage for as long as the effects of the injury last, with interest added for late payments
- Reasonable and related medical expenses
- Compensation for certain permanent impairments
- Vocational rehabilitation
- Surviving spouse benefits at a rate of 50 percent of the deceased employee's average weekly wage, with an additional 16.67 percent payable for surviving children, if the worker is fatally injured
Working in the maritime industry can be hazardous, and lawmakers have long recognized the need to offer care to people injured while working on or around shipping or industry vessels. If you or a loved one has sustained an injury while working on a ship, service and supply boat, oil rig, drilling rig, production platform or other offshore vessel, contact an attorney with experience in Jones-Act and LHWCA claims who can discuss your situation and advise you of your legal options.
Article provided by The Law Offices of David McQuade Leibowitz, P.C.
Visit us at www.leibowitzlaw.com
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