If you work in the maritime industry, it is important to be in the know about what marine industry workers’ rights are in unforeseen circumstances. Given the risky nature of maritime industry, both the employers and employees should focus on preventing workplace accidents and injuries by applying appropriate precautionary measures and following occupational health and safety guidelines.
Still, mistakes and slips are inevitable and they do happen. Depending on your line of work, you may have a higher or lower chance of injury. Seamen and land-based maritime workers are a category of workers who are exposed to high risk. The nature of their work makes them far more likely to sustain injury or have an accident.
The Longshore and Harbor Workers’ Compensation Act protects land-based workers the same way Workers’ Compensation Act protects workers in other industries. So what exactly is the Jones Act and what is its purpose? Who is eligible for compensation under this Act?
What is a Jones Act claim?
Our longshore attorneys at Workers Compensation Attorney Group San Diego can help you file your claims for compensation under the Jones Act.
Land-based maritime workers may file workers’ compensation claims under the Workers’ Compensation Act. Seamen do not have this option. Much like longshore and harbor workers, seamen are not entitled to receive any federal or state workers’ compensation benefits in case of injury that land-based workers are entitled to.
This is where the Jones Act comes into play. This Act allows seamen who have suffered maritime injuries to sue their employers for negligence of the vessel owner, officers, fellow workers or the employer themselves, for instance:
- Unsafe working conditions on board a ship
- Failure to ensure proper ship and equipment maintenance.
A seaman may file their lawsuit in any US court, state or federal. The lawsuit must be filed within three years of the date the injury took place.
What is Jones Act coverage?
Although the Jones Act and the Longshore and Harbor Workers’ Compensation Act are often confused, there is a huge difference in coverage between the two.
The Jones Act protects the interests of the seamen who have suffered a personal injury on account of employer’s negligence. The Longshore and Harbor Workers’ Compensation Act, on the other hand, provides workers’ compensation to land-based maritime workers.
As an injured employee, you have to choose the right course of remedy. The course of action you decide to pursue should depend on what you are trying to accomplish. Under no circumstances should you make important decisions or sign any paperwork without consulting an experienced and competent attorney specializing in similar cases.
Here at Workers Compensation Attorney Group, we have successfully handled numerous cases much like your own. We can help you methodically prepare and file your legal claim against the employer under the Jones Act without any delays that could expose you to a higher risk of failure.
Consult an experienced longshore attorney today
San Diego Workers Compensation Attorney Group is here to lend you a helping hand. Contact us as soon as possible so we can get started. Our team will help you file your workers’ compensation claim by following all the legal steps and prepare for the process.
We have a long and successful track record in handling workers’ compensation claims and making sure our clients get the most favorable outcome. Reach out to us over the phone or at the office. We have a location in Chula Vista and two locations in San Diego. Schedule your initial consultation today.