Can you file suit under both the Jones Act and the Longshore Act at the same time? Which law may apply to your case? Our maritime lawyers explain how to protect yourself.

Can an injured maritime worker file suit under both the Longshore Act and the Jones Act at the same time? The short answer is yes and there are a few reasons why you actually may want to do that.

There’s a whole category of workers that may fall under the Longshore Act but it’s also possible that they may fall under the Jones Act. In those situations it’s always best to file suit both under the Longshore Act to protect your rights in case you’re a longshoreman and at the same time file suit under the Jones Act in case you can prove that you’re a Jones Act seaman. A lot of times you don’t know whether you’re going to fall under the Longshore Act or under the Jones Act until a court actually makes that determination.

We also encourage our clients if they’re not sure they want to file suit both under the Longshore Act to protect their rights under that statute and you always to file suit under the Jones Act to protect your rights under the Jones Act. Let me tell though nine times out of ten you’re going to collect a lot more money and you’re going to get a better recovery if you can prove that you’re a Jones Act seaman. So the short answer is there’s a lot of times when you want to file suits under both statutes but you want to pursue your Jones Act case first. That’s going to give you the most recovery most of the time.

Call us if you have any questions about your rights, choices or options under the Longshore Act, the Jones Act or maritime law in general.