Very often an employee who falls under the LHWCA will need to be aware of, and consider, several other laws in determining his rights. Specifically, the Jones Act, third-party claims and 905(b) claims, as well as state workers’ compensation laws must be considered by you if you do or may fall under the LHWCA.

The Jones Act is a federal statute that applies to seaman. The Jones Act only applies to what are defined as seamen under the Jones Act. In order to qualify as a seaman, you must be more or less permanently assigned to a vessel in navigation. Typically employees who work aboard crew boats, supply boats, jack-up oil rigs, semi-submersible oil rigs, drill ships, barges, tugboats and other traditional vessels will qualify as seamen under the Jones Act. In contrast, most workers who fall under the LHWCA will not work on vessels but rather work aboard fixed or stationary structures. For example, workers aboard fixed platforms, dock workers and specialty workers who travel to fixed platforms in the Gulf of Mexico typically only qualify for benefits under the LHWCA. Due to the much greater benefits that you may receive under the Jones Act, if you are injured and your employer is paying benefits under the LHWCA it is critical for you to determine if you might instead qualify under the Jones Act.

The Jones Act is very beneficial to injured seaman because it allows them to file a full tort lawsuit against their employer. The LHWCA only provides medical benefits and compensation benefits to an injured employee under the LHWCA, and not pain and suffering or full value of lost wages or income. The Jones Act, in contrast, provides full damages including pain and suffering, lost wages, medical expenses, lost fringe benefits and any other damages which are directly related to your injury. However, in order to recover under the Jones Act you must prove that your employer was at fault in whole or in part in causing your injury. To learn more about the Jones Act visit the following sites: www.jonesactlaw.com and www.hurtoffshore.com.