Difference between Jones Act and Workers’ Compensation Claim
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Workers’ compensation and Jones Act maritime injury claims are very different. The only similarity is that they provide compensation for injured employees.
Both workers’ compensation and the Jones Act provide some form of compensation when an employee has been injured while on the job. Although there are many differences between them, one of the most important is that seamen cannot file a workers’ compensation claim.
These types of claims apply to those who work on land. Therefore, a seaman would have to file a maritime injury claim under maritime law or the Jones Act.
Differences between Workers’ Compensation and Jones Act Claims
In a workers’ comp case it doesn’t matter if the employer, employee or coworker was responsible for injuries. Fault plays no role in one’s ability to file this type of claim. While compensation is available to injured maritime workers regardless of fault through maintenance and cure benefits, a Jones Act claim can be filed based only on an employer’s negligence.
Therefore, the employee must provide evidence to support a claim of negligence, which could apply to not only an employer but:
• crewmembers;
• officers;
• operators;
• captains; or
• anyone else employed on the vessel.
The type of compensation available through both is also different. Under workers’ compensation, an employee’s medical bills are paid and disability benefits are provided as long as he/she has been out of work for at least a few days. Under the Jones Act, medical bills are also taken care of by the employer. But unlike workers’ comp, all wages that have been lost are recoverable.
No other remedies for compensation from an employer are available under workers’ comp. Even if an employer was negligent, a lawsuit cannot be filed. But a Jones Act claim allows workers to pursue additional benefits in addition to the maintenance and cure benefits available under maritime law. For instance, damages that address pain and suffering and future medical costs/lost income may be recoverable in a Jones Act claim.
Maintenance and cure payments are available to workers only until they have reached a point at which additional treatment won’t improve their condition or until they are able to return to their job.
Clearly, there is more compensation available through the Jones Act when compared to workers’ compensation. But not all employees are fully aware of their rights when it comes to injuries at work, which is why talking with an attorney might be a good idea.
Importance of Seeking Legal Help When Injured as a Seaman
Jones Act cases aren’t always so cut and dried. That’s because an employee has to provide enough proof that establishes negligence was the cause of his/her injuries. Acquiring this can be easier when there is legal representation.
An attorney can also explain the different forms of compensation that may be available so that the injured worker fully understands what he/she is entitled to receive. There can be some confusion regarding the type of claim to file as well.
ABOUT THE AUTHOR: The Young Firm
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime/admiralty law.
Copyright The Young Firm
More information about The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
These types of claims apply to those who work on land. Therefore, a seaman would have to file a maritime injury claim under maritime law or the Jones Act.
Differences between Workers’ Compensation and Jones Act Claims
In a workers’ comp case it doesn’t matter if the employer, employee or coworker was responsible for injuries. Fault plays no role in one’s ability to file this type of claim. While compensation is available to injured maritime workers regardless of fault through maintenance and cure benefits, a Jones Act claim can be filed based only on an employer’s negligence.
Therefore, the employee must provide evidence to support a claim of negligence, which could apply to not only an employer but:
• crewmembers;
• officers;
• operators;
• captains; or
• anyone else employed on the vessel.
The type of compensation available through both is also different. Under workers’ compensation, an employee’s medical bills are paid and disability benefits are provided as long as he/she has been out of work for at least a few days. Under the Jones Act, medical bills are also taken care of by the employer. But unlike workers’ comp, all wages that have been lost are recoverable.
No other remedies for compensation from an employer are available under workers’ comp. Even if an employer was negligent, a lawsuit cannot be filed. But a Jones Act claim allows workers to pursue additional benefits in addition to the maintenance and cure benefits available under maritime law. For instance, damages that address pain and suffering and future medical costs/lost income may be recoverable in a Jones Act claim.
Maintenance and cure payments are available to workers only until they have reached a point at which additional treatment won’t improve their condition or until they are able to return to their job.
Clearly, there is more compensation available through the Jones Act when compared to workers’ compensation. But not all employees are fully aware of their rights when it comes to injuries at work, which is why talking with an attorney might be a good idea.
Importance of Seeking Legal Help When Injured as a Seaman
Jones Act cases aren’t always so cut and dried. That’s because an employee has to provide enough proof that establishes negligence was the cause of his/her injuries. Acquiring this can be easier when there is legal representation.
An attorney can also explain the different forms of compensation that may be available so that the injured worker fully understands what he/she is entitled to receive. There can be some confusion regarding the type of claim to file as well.
ABOUT THE AUTHOR: The Young Firm
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime/admiralty law.
Copyright The Young Firm
More information about The Young Firm
View all articles published by The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
