Seamen and Longshoremen: Workers Compensation in Cases of Injuries

A binding and government-supported insurance program has been set to guarantee workers compensation in cases of illnesses in the workplace or in any location where they are doing work-related tasks. Several people suppose that this program comprises all US employees, but the truth is, there are exemptions in this program, specifically the seamen and longshoremen. They are protected by the standard workers compensation but are not covered by the program. Therefore, they are not compensated in case they encounter injuries at the workplace or while performing a work-related task. There are two laws under the federal law that provides options for seamen and longshoremen.

All details herein provided are for educational purposes only, contact experienced Indiana Injury attorneys for more details.

Federal Law

The Jones Act protects the seamen. The Longshore & Harbor Workers’ Compensation Act (LHWCA) protects the long-shore workers. These laws are often confused by employers and employees, as they are not aware about the differences between seamen and longshoremen. There are several employees who are unaware and request benefits based on the wrong federal law and get denied. It can also be the case when it is the employer who filed the employee in the wrong category.

Seamen

If you are a seaman or a longshoreman whose claims have been denied, your first course of action is to consult a lawyer who specialized in maritime legal services. Even if resources are available in the Internet, it will be of your best interest to have a lawyer. Generally speaking, seamen are protected by the Jones Act; these are workers who performs its jobs on boats, ships or platforms that goes out to the sea or on the sea. The Jones Act is deemed to be the better option as compared to the other, because workers have more opportunities for receiving benefits.

Longshoremen

Longshoremen are different from seamen in a way that they work on boats that are docked on the harbor, such as unloading cargo. They are protected by the LHWCA.

Confusion

Confusions happen when there are certain maritime workers who work both on the sea and docks as one job. There are also employees who do maintenance who work on the sea in the interim; for example, repairing, installation, or dismantling equipment. Jobs that need workers to work in the sea, for example, casino or entertainment staff in a cruise ship. To avoid confusion, consult an attorney.

The information in this article is provided by Kenneth J. Allen and Associates, which provides legal services in the field of Workers Compensation. This article is not intended nor should be considered legal advice.