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The Jones Act
The Jones Act is a federal law that allows seamen to be compensated for injuries caused by an employer’s negligence while working on a vessel. The Jones Act was enacted in 1920 and can be found at 46 U.S.C. §688. The entire text of the Jones Act can be accessed by following this link ( please insert link to www.access.gpo.gov/uscod/title46a/46a_12_1_.html). By enacting the Jones Act, Congress acknowledged the dangerous working conditions that seamen face every day while working on a vessel. Sometimes seamen are miles away from adequate medical care.
Unlike Workman’s Compensation, recovery under the Jones Act depends upon a finding that an employer’s negligence caused the employee’s injury. Examples of employer negligence include: negligent operation or maintenance of the boat; malfunctioning equipment, or tow, or even some accidents occurring on land, if seamen are involved. There is no automatic recovery under the Jones Act. The employer must be found at fault.
Injured seamen are also entitled to “Maintenance and Cure.” Similar to Workman’s Compensation, “Maintenance and Cure” is paid to the seaman regardless of who was at fault for the injury. “Maintenance” is a payment from the employer to the seaman which represents value of the benefits of room and board the injured seaman would have received on the vessel had the injury never occurred. “Maintenance” is not a large sum of money. Usually, it is only about $20 per day. “Cure” is the employer’s obligation to pay the injured seaman’s medical expenses until the seaman is judged to have reached Maximum Medical Improvement, or MMI.
Unseaworthiness
A seaman may also recover if the vessel he was working on is found to be unseaworthy. Ship owners owe seaman a duty to provide a seaworthy vessel on which to live and work. In essence, if the ship owner breaches the duty, he will automatically owe the seaman damages if unseaworthiness is proven in court. In order for a vessel to be seaworthy it must be “reasonably fit for the purpose in which it is being used.” Lester v. U.S., 234 F2d 625 (2nd Cir. App. 1956). The law does not require that a vessel be perfect, but it does require that seaman work on a reasonably safe boat. A claim of unseaworthiness is usually raised along with a claim under the Jones Act. Unlike the Jones Act, the concept of unseaworthiness as a basis for recovery is based on the law of admiralty, not a federal statute.
Longshore and Harborworker’s Compensation Act (LHWCA)
The LHWCA is a federal statute that governs compensation for stevedores, dockworkers, shipbuilders, and other maritime workers who are not members of a crew of a vessel who are injured on the job. The LHWCA provides for medical benefits, and weekly compensation for any employee who is injured while unloading or loading ships or who is engaged in ship building or repair.
Unlike the Jones Act, the LHWCA does not provide for maintenance and cure benefits, and it does not provide for a lawsuit to recover for negligence on behalf of the employer. Actions under the LHWCA resemble workman’s compensation actions. You are entitled to benefits if injured on the job whether or not your injury resulted from your company’s negligence. However, the value of a good maritime lawyer to assist you with your LHWCA claim can not be overstated.
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