text: The FHWCA is similar to other workers’ comp claims, which operate as no-fault forms of insurance. This means that you’re covered regardless of how the injury occurred, and are prohibited from suing your employer. Jones Act claims, on the other hand, are based on holding employers liable when their negligence contributes to an employee injury.
  Workers who meet the legal definition of “seaman” are covered under the Jones Act. Generally speaking, a seaman is a worker who spends more than 30% of their work hours in the service of a vessel. Determining your status as a seaman can get complicated, especially if you spend a portion of your work hours on land at docks or harbors. A lawyer who specializes in maritime law can help you better determine your classification.
  Jones Act damages are similar to what you’d recover in a personal injury claim for a non-work injury. Any economic or noneconomic damage related to your injury is compensable under the Jones Act, including:
  In fatal work injuries, the surviving spouses and children of the victim may be eligible to recover death benefits to account for the financial loss caused by their loved one’s passing.
  Dock and harbor workers who are not covered under the Jones Act are eligible to recover compensation under the Longshore and Harbor Workers’ Compensation Act. These claims provide compensation similar to the state-level workers’ compensation claims most workers file after an injury. However, these claims are made at the federal level, which makes them more complicated than an average workers’ compensation claim.
  Under the LHWCA, qualifying employees are eligible to recover compensation for the following damages:
  If someone else’s negligence contributed to your injury in any way, your employer can be held liable under the Jones Act. This covers both co-worker and direct employer negligence. Any failure to maintain a safe work environment on the ship constitutes negligence.
  Yes – if the vessel is determined to be unseaworthy. An unseaworthy vessel is one which has some defect, maintenance issue, or other safety concern. Vessels which are capable of sailing can still be considered unseaworthy. For example, if you were injured because of a lack of safety guard rails on board, you could potentially hold the ship owner liable in a Jones Act claim under the principle of unseaworthiness.
  Yes. If your family has lost a loved one in a fatal maritime work accident, you can recover financial compensation for expenses related to your loved one’s death. While the emotional turmoil is the harshest consequence of a fatal work injury, the financial ramifications also cause some families great difficulty.
  Depending on the circumstances behind your loved one’s death, you may be eligible for one or more forms of compensation under maritime law:
  Jones Act Death Benefits – If your loved one spent most of their work hours as a crew member of a vessel on navigable waters, your family may qualify for compensation under the Jones Act. In order to receive these benefits, you must prove that some form of negligence caused your loved one’s death. Since most fatal accidents are preventable, surviving families generally have strong cases.
  Death on the High Seas Act – If your loved one’s death occurred more than 3 nautical miles away from the coast, you could also recover compensation under the Death on the High Seas Act (DOHSA). You also must establish negligence in order to secure financial compensation.
  LHWCA Death Benefits – If your loved one primarily worked as a longshoreman, dock worker, or another onshore position, your family is eligible to recover benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). These claims provide compensation for living expenses and funeral costs.
  If you’ve recently been injured while working in a maritime setting, there are a few first steps to take:
  Report the injury – You should report the injury to your supervisor as soon as possible and file a written accident report. If your injury is too severe, you can have a friend or family member fill out the report for you. Keep a copy of the report for yourself and your lawyer.