There are many different ways to seek compensation when an injury has occurred. Any contractor who provides services offshore is considered to be a “Longshoreman,” eligible for coverage under the Longshoreman and Harbor Workers’ Compensation Act (LHWCA). Individuals who are stationed on a ship or fleet during their time at sea may be able to seek compensation under the Jones Act. Knowing how and when to file is crucial for obtaining benefits.
There are several differences between the two pieces of legislation. The LHWCA provides payments under an administrative system overseen by the U.S. Department of Labor, while the Jones Act allows an amount determined by a judge through the court system. The LHWCA may provide enough money to cover medical bills, lost wages and funeral costs, while filing a lawsuit and Jones Act proceedings generally entitle you to greater amounts for transportation, costly ongoing therapies, pain, suffering, loss of companionship, and punitive fees. Filing a claim under the LHWCA results in a payout regardless of fault. With the Jones Act, you will need to prove another party’s negligence.
Speaking with a compassionate and qualified attorney who specializes in maritime law can help you obtain the maximum compensation allowable by law.