Maritime Workers’ Rights: Jones Act vs. Longshore Act in Georgia
Maritime workers are not subject to the same state workers’ compensation laws as other employees. Instead, if a maritime worker is injured on the job, they can seek compensation and benefits under federal laws. Our Savannah workers’ compensation lawyers compare the Jones Act and Longshore Act in this blog.
The Jones Act (Merchant Marine Act of 1920)
The Jones Act covers seamen injured while they are at work. Unlike workers’ compensation, the Jones Act gives seamen grounds to bring a negligence claim against their employer and other parties who caused their injuries. A seaman must prove negligence to recover compensation for their work injuries, which is more like a personal injury claim than a workers’ comp claim.
A seaman is generally defined as a maritime worker who spends at least 30% of their time working on a vessel on navigable waters. If they do not meet this qualification, they can try to file a claim under the Longshore Act.
The Jones Act provides seamen with maintenance and cure benefits. Maintenance compensates them for their living expenses while they cannot work. Cure compensates them for their medical expenses.
A seaman can also recover additional compensation if they prove their employer was negligent, including pain and suffering. Family members can file wrongful death claims under the Jones Act if their loved one dies because of work-related injuries.
The Longshore and Harbor Workers Compensation Act
The Longshore Act covers workers who do not qualify as a seaman for benefits under the Jones Act. The Longshore Act covers maritime workers in Georgia who were injured on the job while working:
- In areas adjoining navigable waters, such as loading docks, shipyards, and repair facilities; and,
- On navigable waters throughout the state.
Examples of maritime workers covered by the Longshore Act include longshore workers, harbor construction workers, ship repair workers, shipbuilders, and shipbreakers. Stevedores, harbor workers, and harbor railway workers are also covered.
The Longshore Act is similar to state workers’ compensation coverage. Injured maritime workers can receive several types of benefits for a maritime injury.
Benefits under the Longshore Act include medical treatment, rehabilitation services, and disability payments. However, workers do not receive compensation for their pain and suffering damages. If a maritime worker dies because of a work-related injury, family members may receive wrongful death benefits.
What Should Maritime Workers Do After a Work-Related Injury?
If you are injured on the job, report the injury to your supervisor or captain immediately. You need to seek immediate medical treatment for your injuries and follow your doctor’s treatment plan.
It is also helpful to collect evidence. Take photos of the accident scene and make a video with your cell phone if possible. Ask everyone who witnessed the accident to provide their contact information.
Your employer and the insurance provider may want you to provide a statement. It is best to seek legal counsel before making a statement. An attorney can help you review your options for compensation and help you protect your legal rights.
Schedule a Free Consultation With Our Savannah Workers’ Compensation Attorneys
Maritime workers deserve to be compensated fairly for on-the-job injuries. Call Parsons Law Group for a free case evaluationfrom an experienced Savannah workers’ compensation attorney.