Maison Law advocated on behalf of injured Maritime Workers in California. If you have a Maritime workers’ compensation claim, Maison Law actively fights for the rights of injured longshoremen, crew members, dock workers, passengers, and maritime construction workers. If you are seeking benefits for a work-related injury or would like to become eligible for workers’ compensation benefits, contact Maison Law today for a free consultation and case evaluation.
Qualifying for Maritime Workers’ Compensation in California
Maritime workers injured on the job are not entitled to the same workers’ compensation as most other employees. Maritime workers do have protection for when they get hurt on the job, however, the type of protection they qualify for will depend on their job title, the nature of the job, and the type of injury sustained.
There are two acts that cover injured Maritime workers. One is the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Jones Act. Both of these acts were designed specifically to protect all types of maritime workers from work-related injuries. A Maritime Workers’ Compensation Attorney can help determine which act an injured Maritime worker will be eligible for.
The Jones Act
The Jones Act offers “seamen” to receive benefits after a work-related injury. A seaman is considered anyone who contributes to the work of a navigable vessel and spends at least 30% of their time working on board. The Jones Act is a federal law, granting compensation to injured seamen. If a seaman is injured on the job they will not file a workers’ compensation claim with the state of California. Instead, they would file their claim with a federal agency under Maritime Law, which is covered under The Jones Act.
To recover compensation under the Jones Act, an injured seaman must sue their employer and prove their carelessness or recklessness caused their injury. Liabilities aboard a navigable vessel could include:
- Failing to provide a safe work environment
- Failing to take appropriate action to prevent harm or hazards
- Failing to hire qualified crew members and provide competent training
- Failing to follow necessary safety procedures and post necessary safety signage
The Jones Act also provides seamen with the right to be cared for and housed if they suffer an injury at sea. This “care” also includes medical attention while at sea and a safe place to recover. These benefits are given regardless if the injured victim was at fault or not.
Longshore and Harbor Workers’ Compensation Act (LHWCA)
The LHWCA is a federal workers’ compensation program similar to the Jones Act, except it covers employees other than “seamen.” This program covers maritime employees who are not a master or part of a ship’s crew. This includes:
- Dock workers
- Longshoremen
- Stevedores (cargo loaders/unloaders)
Under LHWCA, injured Maritime employees are protected by federal law and entitled to payment of compensation, medical care, and vocational rehabilitation services if they become disabled on the job. The LHWCA also provides for payment of survivor benefits to dependents. These benefits typically come from the self-insured employer or through a private insurance company on the employer’s behalf.
What Damages Can Be Recovered in a Maritime Injury Claim?
If you are pursuing a Maritime injury claim against your employer, you can seek payment for economic damages and non-economic damages. These damages include:
- Emergency room treatment
- Hospital bills
- Medications and medical equipment
- Ongoing treatment for current and future medical needs
- In-home care
- Lost income
- Loss of consortium
- Emotional pain
- Pain and suffering
- Loss of enjoyment of life
Additionally, you may also be eligible for other compensation under specific federal maritime law, such as:
- Maintenance and cure: if a seaman becomes injured or sick while on the vessel, the ship’s owner must pay for their food, lodging, and other reasonable expenses, as well as costs for medical treatment. Maintenance and cure obligations end when the seaman has reached maximum medical improvement (MMI).
- Unearned wages: if you become injured or sick, then you are still entitled to the wages you would have earned.
- Disability payments: The LHWCA provides permanent and temporary disability payments for many types of injuries, including major injuries such as loss of limbs, sight, or hearing.
- Death benefits: dependents may be able to recover compensation for funeral expenses, medical costs, loss of support, and other damages. Depending on the circumstances, surviving spouses and children may also be entitled to the wages the decedent would have earned during their lifetime.
Contact a Maritime Injury Lawyer in California
With Maritime injury claims, federal regulations can overlap with state laws and common law doctrines. The matter is further complicated when international waters, government vessels, and unseaworthy ships are involved. It can be challenging to know where to begin, but Maritime Injury Lawyers at Maison Law can help. We can help you build the most advantageous claim and provide you with the skilled representation you need to claim maritime benefits. Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our services and we don’t get paid unless we win your case.
