What Are Some Federal Laws Protecting Injured Maritime Workers?

Maritime workers face a number of potential dangers when working out on the water. In order to provide them with additional protections, Congress has passed several laws intended to allow them to pursue compensation when they suffer injuries in the course of their job duties. When discussing injury compensation in the maritime industry, you should know about the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and the Death on the High Seas Act.

The Jones Act

The Jones Act, which was passed in 1920, is one of the most important federal laws protecting injured maritime workers. It allows injured maritime workers to sue their employers for compensation if they suffer injury at work due to the negligence of their employer. Often, that results because employers have sent the ship out without ensuring that it was seaworthy and able to carry the sailors safely.

The Jones Act places a higher burden on maritime employers than traditional workers’ comp law. It also allows injured seamen to pursue compensation for their medical costs, lost wages, and pain and suffering. Typical workers’ compensation claims only include coverage for a portion of the injured worker’s lost wages and their medical costs, rather than offering full compensation for their full wages and their pain and suffering.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

While the Jones Act provides compensation for injured maritime workers who suffer injury on the water, the LHWCA covers workers who are injured elsewhere. It includes workers like:

• Ship repairmen
• Harbor workers
• Shipbuilders
• Harbor construction workers

It provides coverage for accidents that occur on the water and those that occur on piers, docks, terminals, wharves, and other areas used to load, unload, dock, or manage vessels. The LHWCA allows employees who are disabled because of work injuries to pursue compensation for their medical costs, any other damages and losses they sustained because of the accident, and vocational rehabilitation services.

Death on the High Seas Act (DOHSA)

The Death on the High Seas Act provides surviving family members with the right to pursue compensation when someone dies while working in international waters. Families can pursue compensation when the accident occurs due to negligence or wrongful act on the water, even if the incident occurred outside the typical jurisdiction of the United States. In order for DOHSA to apply, the accident must have occurred more than three nautical miles from the coast of the United States.

DOHSA provides compensation for the direct economic losses because of a loved one’s death, including the loss of their wages and the support they provided for the family. While most wrongful death claims will include compensation for the family’s suffering, DOHSA does not include those terms.

Discuss the Federal Laws Protecting Injured Maritime Workers with an Attorney

If you find yourself wondering, “What are some federal laws that protect injured maritime workers?” or, “How can I recover compensation for losses due to accidents related to maritime work?” a personal injury lawyer can help you learn more about your options for compensation and how you can maximize the results of your claim. Reach out to Schechter, Shaffer, & Harris, LLP to discuss your right to compensation after a maritime accident, including the federal laws that cover the incident.