If you work near or on the water, whether as a longshoreman, harbor worker, or a seaman, the risks of injury are an unfortunate part of the job. Knowing your rights and understanding which laws protect you can make all the difference when it comes to securing the benefits you need after an accident. Two prominent laws that provide protection for maritime workers are the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Jones Act.
Key Points:
- Longshore and Harbor Workers’ Compensation Act (LHWCA)
- Jones Act
- Coverage: Longshore vs. Seamen
- Types of Compensation: LHWCA vs. Jones Act
- Negligence and Fault Differences
- Determining Which Law Applies to You
- Importance of Understanding the Difference
These two pieces of legislation are meant to support workers who face unique hazards, but they each cover different groups of people with distinct eligibility requirements and types of compensation. In this post, we’ll break down the differences and help you figure out which one might apply to your situation.
First, let’s start by getting an overview of these two laws.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides compensation and medical benefits to employees who are injured while performing duties on the navigable waters of the United States or in areas adjacent to them, like docks, piers, and shipyards. Think of it as a safety net for maritime workers who are not crew members on a vessel but still work closely with water-based industries.
The Jones Act, on the other hand, is a federal statute that protects seamen—those who work on a vessel that is in navigation. The Jones Act allows injured seamen to pursue claims against their employers for negligence, which is different from a standard workers’ compensation claim. It was designed to give seamen the right to recover damages when employers fail to provide a safe working environment.
The key difference between these laws lies in who is covered.
- LHWCA: This law applies to workers who are not seamen but are still involved in maritime activities. This includes longshoremen, dock workers, crane operators, shipbuilders, harbor construction workers, and other employees working on navigable waters or nearby locations like shipyards, docks, or terminals. Essentially, if your job involves loading, unloading, building, or repairing ships, and you spend your workday near the water but not aboard a vessel, then the LHWCA likely covers you.
- Jones Act: This law is specific to seamen, meaning individuals who work aboard vessels and contribute to the function of the ship or the completion of its mission. This could include captains, engineers, deckhands, and other crew members whose duties are directly tied to the vessel. To be classified as a seaman under the Jones Act, an individual must spend at least 30% of their work time aboard a vessel in navigation, meaning the ship must be actively afloat, operational, and capable of moving.
Let’s compare the benefits available under each law, as the differences here can be crucial to understanding what kind of help you can get after an injury.
Under the LHWCA, injured workers can receive:
- Medical Benefits: Full coverage of medical expenses related to the injury, including doctor visits, surgeries, medications, and rehabilitation.
- Disability Compensation: If you are unable to work due to your injury, the LHWCA provides compensation based on a percentage of your average weekly wage. This can include temporary or permanent, and partial or total disability benefits, depending on the nature of the injury.
- Vocational Rehabilitation: If you cannot return to your previous job, the LHWCA may provide training for a new line of work to help you re-enter the workforce.
Under the Jones Act, a seaman may pursue:
- Negligence Claims Against the Employer: The Jones Act allows injured seamen to sue their employers if the employer’s negligence contributed to the injury. This could include unsafe working conditions, insufficient training, or improper equipment maintenance. The ability to file a lawsuit for negligence is a unique aspect of the Jones Act, allowing for potentially greater compensation compared to a traditional workers’ comp claim.
- Maintenance and Cure: Seamen are also entitled to “maintenance and cure” regardless of fault. Maintenance refers to daily living expenses during recovery, while cure covers medical expenses. These payments continue until the injured seaman reaches maximum medical improvement.
For more information about the benefits and compensation view this document by the U.S. Department of Labor.
One of the biggest differences between these two laws is how negligence and fault play a role.
LHWCA provides benefits regardless of who was at fault. It operates like a no-fault workers’ compensation system, where injured workers receive benefits as long as the injury occurred while they were performing job duties. This means that even if the accident was caused by your own error, you can still receive compensation under the LHWCA.
The Jones Act, however, allows seamen to file a lawsuit against their employers for negligence. If your employer failed to provide a safe working environment, lacked proper safety measures, or acted in a way that directly led to your injury, you can pursue additional compensation. This can include not just medical expenses and lost wages, but also pain and suffering—something that is not available under typical workers’ comp claims like those under the LHWCA.
Determining whether you are covered by the LHWCA or the Jones Act boils down to your specific job duties and where you perform them. If you work on land but near the water—loading cargo, maintaining docks, or constructing ships—you fall under the LHWCA. If you’re an employee who works primarily on a vessel and contributes to its mission, you are considered a seaman and would be covered by the Jones Act.
The U.S. Department of Labor describes the differences in these acts as follows: (FAQ #5) – “The Jones Act (46 U.S.C. § 30104) and the LHWCA (33 U.S.C. § 901-950) are mutually exclusive regimes providing compensation for work-related injuries suffered by different categories of maritime employees. The LHWCA excludes from its coverage a “master or member of a crew of any vessel.” Instead, crew members are covered by the Jones Act. The term “master or member of a crew” is refinement of the term “seaman” in the Jones Act. As a result, the key requirement for Jones Act coverage appears in the LHWCA. The determination turns solely on the employee’s connection to a vessel in navigation. It is not necessary that an employee aid in navigation or contribute to the transportation of the vessel in order to be “seaman” under the Jones Act, but the employee must be doing the ship’s work by contributing to the function of the vessel or the accomplishment of its mission.“
The distinction between these two laws isn’t just technical—it can significantly affect the kind of compensation you can receive. The LHWCA’s workers’ compensation model may provide faster benefits without needing to prove fault, but the compensation may be more limited. On the other hand, the Jones Act allows for the possibility of greater compensation, especially in cases involving severe injuries or employer negligence, but it may require a more prolonged legal process.
Navigating the waters of maritime law can be tricky, but understanding the difference between the Longshore and Harbor Workers’ Compensation Act and the Jones Act is crucial for ensuring you receive the benefits you deserve. If you’re unsure which law applies to your situation, it’s always wise to consult with an experienced maritime attorney who can evaluate your case and guide you toward the best path forward.
At Templer & Hirsch, we’re here to help injured maritime workers understand their rights and pursue the compensation they need to move forward. Whether you’re covered under the LHWCA or the Jones Act, our dedicated team will stand by your side every step of the way. Don’t navigate these complex waters alone—reach out to a professional personal injury attorney like Templer & Hirsch for a consultation and let us fight for you.
