If you’re a crew member or seaman, know your rights. Admiralty law, which applies to work injuries that occur on navigable waters, provides a variety of protections to injured maritime workers.
Generally, anyone who spends 30% or more of their time on a vessel qualifies as a seaman. This includes most cruise ship, crew boat, supply boat, derrick barge, and drill boat workers. Jones Act
Maritime workers are part of a unique group constantly traveling from one location to another. As a result, they may not be protected by the same employment laws as most people on land.
The Jones Act is a maritime law allowing seamen to sue their employer if injured at work. Injuries on ships or docks often result from improper training, equipment malfunctions, and unseaworthiness.
To be covered by the Jones Act, workers must spend 30 percent of their time working on a vessel operating in navigable waters. However, this qualification can exclude some maritime workers.
Moreover, many maritime employers and insurance companies are staffed with attorneys “on call” to defend them from claims. As a result, injured seamen, deckhands, and roustabouts are disadvantaged when negotiating with their employers’ or insurers’ legal teams. A lawyer experienced in Jones Act cases can level the playing field and build a strong negligence case.
Death on the High Seas Act
Maritime workers operate in a hazardous line of work. Tragically, accidents can result in fatal injuries to these individuals. While detailed statistics are unavailable, many of these incidents are due to negligence.
Enacted in 1920, the Death on the High Seas Act permits spouses, parents, children, and other dependents of deceased seamen to recover damages from those responsible for a wrongful death that occurs at least three nautical miles beyond the shores of the United States. It also covers those killed in commercial aircraft accidents over international waters.
However, DOHSA differs from a regular wrongful death claim because the victim’s family must prove that the incident was caused by negligence or unseaworthiness instead of an unforeseeable accident. This is why it’s essential to have the support of an experienced maritime attorney on your side. Our Scott Vicknair, LLC team can help you pursue the compensation your loved ones deserve. For assistance regarding Maritime Law, visit Charles D. Naylor Law.
Longshore & Harbor Workers’ Compensation Act
The federal Longshore and Harbor Workers’ Compensation Act (USL&H) offers compensation to workers who become injured or unwell while providing maritime services on the shore. Depending on the laws of individual states, these workers may also qualify for worker’s compensation benefits.
Unlike the Jones Act, the LHWCA allows workers to recover benefits regardless of whether their injuries or illnesses resulted from their employer’s negligence or unseaworthiness. To be eligible for coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA), a worker must satisfy two tests – the “status test” and the “situs test.” The status test requires that a significant portion of the worker’s duties involve maritime activities. The situs test, on the other hand, mandates that the worker’s job is performed on or adjacent to the navigable waters of the United States. This includes areas such as piers, wharves, dry docks, terminals, building ways, marine railways, or any other adjoining areas that an employer customarily uses for loading, unloading, repairing, or constructing a vessel. The US Department of Labor’s Office of Workers’ Compensation Programs administers the USL&H Act.
State Maritime Law
Maritime law is a wide-ranging field of law. In addition to laws like the Jones Act, Death on the High Seas Act, and marine maintenance and cure, federal and state lawmakers have passed legislation regulating port commerce, leasing the Outer Continental Shelf for mineral development, and more.
State maritime law can also affect who is eligible for certain legal protections. For example, dock and harbor workers who don’t spend significant time working on board a vessel may not be considered seamen under the law. This means they wouldn’t have the same protections as seamen under the Jones Act. Thankfully, statutes like the Wage Earners Protection Act help ensure workers receive the wages they’re entitled to. These statutes also help to address issues such as pier and dock accidents and injury claims. The Wage Earners Protection Act also addresses the issue of joint and several liability. This doctrine states that multiple parties could be held liable for an accident if they contributed to it, even if only slightly.