Maritime professions are among some of the most dangerous jobs available. Maritime workers often handle heavy machinery and dangerous equipment in an environment that can turn deadly with little warning.
Offshore oil and gas rig workers, cruise ship employees and professional fishermen face deadly hazards at work. They can sustain injuries that end their careers or die prematurely because of their jobs. Offshore workers with broken bones and other serious injuries may miss weeks of work and lose income because of something that happened on the job.
People who get hurt at work and families who lose loved ones usually expect to file workers’ compensation claims. Workers’ compensation is a form of employer-provided insurance that can help people by paying for their medical care and replacing their lost wages. Can professionals working in maritime environments secure workers’ compensation benefits for injuries sustained in offshore environments?
Workers’ compensation does not apply offshore
Maritime workers do not have protection through workers’ compensation once they leave land. Unfortunately, the rules for workers’ compensation exist on a state-by-state basis. The rules that apply depend on the location of the company and where the worker gets hurt.
Offshore businesses may have headquarters in specific states, but their workers do much of their jobs at sea. Instead of state-based workers’ compensation, they have protection under federal law while out on the ocean.
Under the Jones Act, workers hurt at sea can request compensation via litigation. The Jones Act is Section 27 of the Merchant Marine Act of 1920. This crucial law extends the right to sue an employer if regulatory violations or negligence lead to a worker sustaining major injuries in a maritime environment.
Injured workers can request maintenance and cure in a Jones Act lawsuit. Maintenance is similar to the disability pay granted through workers’ compensation. It helps replace lost income. Cure refers to medical treatment. Although maritime employees do not have access to simple workers’ compensation claims, they do still have the right to pursue compensation for employment-related injuries.
Reviewing the circumstances that led to an offshore work injury can help maritime employees evaluate the strength of their case. With the right help, they may be able to hold their employers accountable by filing a lawsuit brought under the Jones Act.