Is the Jones Act the same as Workers’ Compensation?

The Jones Act is a law that was passed by Congress in 1916. The Jones Act protects maritime workers that sustain an injury while working at sea.

Maritime workers are generally not covered under traditional Workers’ Compensation. It is the Jones Act that gives maritime workers legal rights if they are injured on the job. However, there are significant differences between the Jones Act and Workers’ Compensation.

Workers’ Compensation is administered by individual states. It is available to any employee who “suffers an injury during the course and scope of employment.” Workers’ Compensation is not based on fault. It is available to anyone who is injured on the job, even if the employee caused his own injuries.

To qualify for Jones Act benefits, a maritime worker must meet the following requirements.

1. There must be an injury

2. The employee must work on a vessel

3. The employee must be permanently assigned to that vessel

4. The vessel must be on a navigable waterway

5. The injury must be caused the negligence of a fellow crew member or by an unseaworthy condition.

Fault is an important component of Jones Act claims. When a Jones Act case goes to court, the judge looks at the fault of everyone involved. The fault may be distributed – part of the accident may be the company’s fault, perhaps another part is the fault of a crew member, and the plaintiff may be partially at fault. When a judgment is passed, a percentage comparable to the plaintiff’s fault in the accident is taken out of the award. For example, if the victim or plaintiff was found to be 10% at fault for his own injuries, a jury award of $10,000 would be reduced by 10% to $9,000.

When an employee collects Workers’ Compensation, he gives up the right to sue him employer for the injury. He usually receives payment for medical care and a set amount of disability payment for a set period of time. Under the Jones Act, a Jones Act claim may include medical bills, lost wages, loss of earning capacity, physical suffering, and mental anguish among other damages.

If you work on or around the water, but do not qualify for Jones Act compensation, you may qualify for coverage under general maritime law or under the Longshore and Harbor Workers’ Compensation Act.

Compensation for a maritime injury can be confusing. An experienced Jones Act and maritime law attorney can help you figure out which laws cover your injury and how you can best get compensation. Contact the New Orleans-based offices of The Young Firm today. We have over 40 years of experience helping maritime workers like you get fair compensation for their injuries.