The Jones Act, also referred to as the Merchant Marine Act of 1920, applies to seamen in service of a vessel that operates in navigable waters. This means that people employed as land-based maritime workers – such as dock workers and harbor workers – do not generally qualify for compensation under the Jones Act.
Fortunately, if you do not qualify for compensation under the Jones Act because of your status a dock worker, it is very likely that you qualify for compensation under the Longshore and Harbor Workers Compensation Act (LHWCA).
The act applies to people who work in land-based maritime professions such as dock and harbor workers, shipbuilders, shipbreakers, and ship repairers.
As with the Jones Act, the LHWCA requires that your job take place in or around navigable waters. This includes piers, wharfs, terminals, dry docks, oil and gas terminals, and other areas used for loading, unloading, dismantling, building, or repairing a vessel.
What Compensation is Available to Dock Workers?
Making an injury claim under the LHWCA functions much in the same way as a workers’ compensation claim. You do not need to prove your employer’s negligence. If you get injured on the job, your employer is legally bound to compensate you for your medical expenses, loss of earning capacity (two-thirds of weekly pay), and loss of future earning capacity if you’re unable to return to work.
If you collect compensation under the LHWCA, however, you will be unable to sue your employer for negligence. That being said, you are allowed to sue third parties for negligence even if you collected workers’ compensation benefits form your employer through the LHWCA.
Next Steps
Negligence claims offer a wider range of compensation for your injury than either LHWCA compensation or Jones Act benefits. For example, a negligence claim can allow you to recover damages for the physical pain and mental anguish that resulted from your injury. At The Krist Law Firm, P.C., we have a proven track record of helping maritime professionals get the compensation they deserve after an injury.
If you believe you might have a negligence claim, contact our maritime injury lawyers today at (281) 283-8500 for a free consultation about your case.
