Maritime workers work under some of the most hazardous conditions, making them prone to workplace injuries. Danger is always lurking, from heavy machinery and equipment to unpredictable weather and rough seas.
As a maritime worker, understanding your legal rights in the event of an injury in the line of duty can help protect your interests and ensure that you receive the compensation you deserve. Here is what you need to know.
The laws that apply
If you qualify as a seaman, the Jones Act provides maintenance and cure benefits after a workplace accident. These benefits cover your living expenses and medical costs until you reach maximum medical improvement, even if you were at fault for the accident.
You also have the right to seek compensation from your employer under the Jones Act for an accident arising from negligence, like unsafe working conditions or unseaworthiness of the vessel. You can recover damages, such as medical expenses, lost wages, pain and suffering, if you demonstrate your employer’s negligence led to your injuries.
For maritime workers who do not qualify as seamen, the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits to employees injured while performing their duties. These include medical benefits, disability benefits and vocational rehabilitation. LHWCA operates similarly to traditional workers’ compensation in that you do not have to prove negligence.
Protect your rights and interests
Navigating the complexities of maritime injury claims can be challenging. Some potential hurdles you may encounter include proving employer negligence under the Jones Act or ensuring you meet the eligibility criteria under the LHWCA and other laws. In addition, mistakes in the claims process can prove costly and harm your chances of compensation. Reaching out for legal guidance can help you understand your rights and effectively pursue the compensation you deserve.