Maritime employees are often subject to strenuous working conditions. The Jones Act ensures that seamen and crew are provided with adequate training, safety equipment, and a seaworthy vessel. When an employer violates the Jones Act, they must be held accountable for their negligence or intentional wrongdoing.
Maritime and admiralty law is unique. In order to bring a successful claim for damages, you need an attorney who is well-versed in the Jones Act as well as state and federal regulations that govern maritime activities. Attorney Jacob Karam is a fierce trial lawyer and skilled litigator who has done extensive work with victims injured in maritime accidents. If you are injured at sea, you need an attorney with the experience and resources to get you the best possible outcome in your case.
Contact the Karam Law Office today for a free consultation.
UNDERSTANDING THE JONES ACT
The Jones Act was passed as part of the Merchant Marine Act of 1920. Named for its sponsor Senator Wesley R. Jones, the legislation puts forward several requirements regarding vessels carrying goods in the United States. As noted by the Transportation Institute, the Jones Act requires vessels that are carrying goods between U.S. ports to be:
- “owned by U.S. companies that are controlled by U.S. citizens with at least 75 percent U.S. percent ownership;
- At least 75 percent crewed by U.S. citizens;
- Built (or rebuilt) in the United States;
- Registered in the United States.”
In addition to these requirements, the Jones Act offers protections to the crew aboard these vessels. The Jones Act enables seamen that are injured or killed in the course of employment to bring a cause of action against their employer.
WHO IS PROTECTED UNDER THE JONES ACT
According to 46 U.S.C. §30104, “A seaman injured in the course of employment, or if the seamen dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer.”
While the term seaman is not defined by statute, multiple courts have determined that the rights extend to maritime workers who are “regularly exposed to the perils of the sea,” but just what that entails has been left up to the courts to decide. A leading Sugar Land Jones Act Attorney can argue whether you should be classified as a “seaman” and therefore entitled to recovery.
Boat Accidents That Can Trigger The Jones Act
- Slip and Falls: Accidents caused by slippery decks, stairs, or other hazards aboard a vessel.
- Fires and Explosions: Accidents resulting from fires or explosions on a vessel, often due to negligence or unsafe conditions.
- Collisions: Accidents involving collisions with other vessels, docks, or objects, which can lead to injuries to seamen.
- Equipment Failure: Accidents caused by malfunctioning or defective equipment, such as winches, cranes, or machinery.
- Falls Overboard: Accidents where a seaman falls overboard, often due to lack of proper safety measures or negligence.
- Chemical Exposure: Accidents involving exposure to hazardous chemicals or substances while working aboard a vessel.
- Weather-Related Accidents: Accidents caused by severe weather conditions, such as storms or high winds, which can lead to injuries aboard a vessel.
- Sinking or Capsizing: Accidents involving the sinking or capsizing of a vessel, which can result in injuries or fatalities to seamen.
UNDERSTANDING THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT
While the Jones Act covers seamen injured at sea, not all maritime workers qualify for its protections. For individuals working in dockyards, shipyards, and other harbor-related positions, the Longshore and Harbor Workers' Compensation Act (LHWCA) provides essential benefits. The LHWCA ensures compensation for maritime employees injured on navigable waters or in adjoining areas like docks, terminals, and shipyards.
Who is Covered Under the LHWCA?
The LHWCA covers workers who are engaged in maritime employment but do not qualify as seamen under the Jones Act. This includes longshoremen, harbor workers, shipbuilders, and other employees who work in loading, unloading, repairing, or building a vessel. Unlike the Jones Act, which focuses on negligence claims, the LHWCA operates as a no-fault workers' compensation system, meaning injured workers can receive benefits regardless of who was at fault for the injury.
When Should You Consider Filing Under the LHWCA?
If you are a maritime worker who operates on the docks, in shipyards, or in other shore-based activities, and you suffer an injury while on the job, you may be entitled to LHWCA benefits. Even if your injury did not occur at sea, you may still be eligible for compensation under this federal law.
FINDING THE RIGHT SUGAR LAND JONES ACT LAWYER
If you are injured aboard a vessel, you deserve compensation. You need a smart, aggressive lawyer who understands what it takes to win a case and collect. Contact the Karam Law Office today to speak with an experienced maritime attorney who will not rest until you get the most favorable outcome in your case.
FREQUENTLY ASKED QUESTIONS
Who Qualifies for the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers maritime employees who work in locations such as docks, shipyards, and terminals, and who are injured while performing their job duties. This includes longshoremen, harbor workers, shipbuilders, and other employees involved in loading, unloading, repairing, or building vessels. To qualify, workers must be engaged in maritime employment on navigable waters or in adjoining areas.
What is the difference between the Longshore and Harbor Workers’ Compensation Act and the Jones Act?
The main difference between the LHWCA and the Jones Act lies in the type of workers they cover and the basis for compensation. The Jones Act applies specifically to seamen who are injured at sea and allows them to file negligence claims against their employers. In contrast, the LHWCA covers maritime workers who do not meet the seaman definition and provides a no-fault compensation system for injuries sustained while working in dockyards or on vessels in adjacent waters.
What is the US Longshore and Harbor Workers’ Compensation Act endorsement?
The US Longshore and Harbor Workers’ Compensation Act endorsement is an addition to a standard workers' compensation policy that provides coverage for employers who have maritime employees under the LHWCA. This endorsement ensures that employers are compliant with federal regulations and can offer appropriate benefits to their injured maritime workers.
What is the longshoreman policy?
A longshoreman policy refers to specialized insurance coverage designed for employers of maritime workers, including longshoremen, who may be exposed to unique risks associated with their jobs. This policy typically provides coverage for injuries or illnesses that occur while workers are loading or unloading vessels, repairing ships, or working in shipyards. It helps employers meet their obligations under the LHWCA and protect their employees.
