The maritime industry has a dizzying array of jobs that workers can perform both on and offshore. Some workers spend most of their time working with cargo containers on the docks, while others are true offshore workers on ships or moving platforms. When you are injured, the type of work you perform could be important in determining the kind of compensation you deserve from your employer. The Jones Act and the Longshore & Harbor Worker Compensation Act can be confusing, but an experienced maritime law attorney can help you determine where you fall.

Confused about the Jones Act and the Longshore & Harbor Workers Compensation Act?

If you work on or near the water, you can be injured in a variety of ways. You can be hurt offshore on a boat or platform or rig, or you could be hurt on or near land while your ship is docked. If you’ve been in an accident while performing some kind of maritime work, you may be wondering if you are considered a longshoreman or a Jones Act seaman.

The short answer here is that it really depends. Unfortunately the laws surrounding these terms are complicated and not completely clear. Really the best thing you can do if you’ve been injured while engaging in maritime work is to talk to an attorney who specializes in maritime law and Jones Act cases. They’re the best ones to sort out how your case should be handled.

You need to be very sure that when you talk to a lawyer, you find one who has proven experience with maritime law. To visit a run-of-the-mill personal injury attorney for your maritime injury case would be like going to a primary care physician for open heart surgery. Sure, your primary care doc is a doctor, but they aren’t trained for or experienced with your particular medical need.

In general, longshoremen are workers who do their job on the docks, loading and unloading cargo ships and boats. If this is the only kind of work that you do, you will most likely fall under the Longshore & Harbor Workers Compensation Act.

On the other hand, if you work over the water for extended periods of time, you could be considered a Jones Act seaman. Work on boats and various vessels including oil rigs, barges, and movable platforms is often considered work covered by the Jones Act.

Things can get confusing if you only work part-time, or if you do both kinds of work. If you perform occasional work at sea like maintenance or commercial diving for an oil rig, or if you work on a stationary platform or a casino barge that doesn’t move much, it may be more challenging to classify which Act you’d fall under.

In general the Jones Act is considered better than the Longshore & Harbor Workers Compensation Act because there are more options for compensation. However, only a qualified attorney can help you determine which Act your injury falls under and what kind of compensation you deserve.

Get expert advice from a law firm with experience handing maritime injury cases and an impressive case history: The Young Firm. Please contact us today to find out how one of our New Orleans based attorneys can help you get the compensation you deserve for your injuries.

The Young Firm

400 Poydras Street, Suite 2090

New Orleans, Louisiana 70130

Phone: (504) 680-4100

Toll Free: (866) 968-6113


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