Special Laws That Protect Maritime Workers from Personal Injuries

Individuals who get injured during the job are sometimes granted to payment for damages or harm done to them, whether it is a vehicular, airplane, or boat accident. Although in certain cases, methods for this procedure are very different because the rules of recovery are based on completely different laws.

During the late 18th century and the early 19thcentury, railroad workers had specific rights under the federal law, which is the Federal Employment Liability Act or FELA. This allowed railroad workers to collect damages for injuries occurred on the job. Those rights were also extended to sailors and maritime workers because of the Merchant Marine Act of 1920, also known as the Jones Act. This law also grants the same protection from the negligence of the employer as FELA provides railroad workers. Some workers that are not covered by the Jones Act are protected under the Longshoreman's Act.


Under the special laws, the Jones Act specifically allows maritime workers to make claims and collect from their employers due to negligence of the ship owner, captain, or crew member. This benefit only applies to any worker who spends at least 30 percent of his working time in the service of a vessel on navigable waters. While a lot of American sailors and workers file for compensation to gain justice, workers instead should look for justice by filing for relief under the Jones Act. Besides payments for damages, workers may file to compensate death benefits, health care costs, and lost wages that are related with the injury. If a professional attorney is involved in your case, then these benefits can be significantly higher than the benefits of workers on land.

Claims can be collected from injuries that are caused by working on offshore rigs, cargo ships, and other vessels used in navigable waters. If a worker who thinks that they are covered under the Jones Act, then they should contact a professional attorney who is familiar with the Jones Act for advice.

The Longshore and Harbor Worker's Compensation Act or the Longshoreman's Act, was established in 1929. It covers particular maritime workers, including most dock and shipyard workers who are not covered by the Jones Act. Basically, an injured worker who is covered by the said act is granted to be given temporary payment of two-thirds of his/her weekly wage while going through medical treatment. Also, the worker is being given payment for damages while he/she has received payment for duty.

There are certain risks involved when workers do not seek the advice from an attorney. For instance, an injured worker who immediately agrees with the insurance adjuster's advice and becomes legally bound to that decision. This decision will sometimes decrease the worker's chance for just compensation. Consulting with a somekeyword first is your best option before signing any legal documents given to you by an insurance adjustor. If someone wants to represent your best interest to obtain legal rights and fair compensation, then a skilled and knowledgeable attorney would be the best thing to do.

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