There are two maritime workers: those who qualify as seamen and those who don’t. In the same way, the types of compensation for maritime injuries fall under these two groups. This means that you get compensated based on the group you belong to. Let us dig deeper to understand maritime injuries and how compensation works.
Who Are Seamen?
Generally, seamen are people who spend not less than 30% of their time on a vessel. It could be the captain or a crew member of almost any ship. Under the Jones Act, seaman spends most of their life in the vessel. Therefore, they qualify for the Jones Act benefits.
What Compensation Does a Seaman Qualify for?
Most personal injury cases operate under local or federal laws. However, for maritime cases, it is different. A seaman does not get compensation based on these laws. Instead, they qualify for three types of compensation. Seamen need to work with maritime lawyers when injured to understand the type of compensation they are eligible for.
- A seaman can sue their employer for their negligence under the Jones Act.
- They may also file a claim against the vessel owner if the injuries originate from the vessel.
- Seamen are also qualified for maintenance and cure benefits regardless of the cause of the injuries.
What is Negligence Under Jones Act?
The Jones Act is a vital law ensuring maritime employees are compensated for their injuries while on duty. Therefore, a seaman must prove the negligence of their employer. According to the act, the employer has to provide a safe working place for the seamen. They must also apply care and maintain the vessel to ensure it is safe for the seamen. Failure to do this the employer might be at fault if an accident happens due to their negligence. Any unsafe condition in the vessel that causes injuries can be termed an employer’s liability.
The best thing about the Jones Act is its low burden of proof. Unlike other personal injury cases where there must be proof that the defendant’s negligence caused the injuries, the Jones Act relieves this burden. You only need to prove the employer was negligent. Therefore, as long as the employer’s negligence took part in the injuries, no matter how small it was, the seaman can recover damages.
Maintenance and Cure
These benefits dictate that the employer must provide proper care for the seamen regardless of the party at fault. Maintenance means the benefits the seaman gets until they recover. It accounts for mortgage payments, insurance, food, and utilities. On the other hand, cure stands for the medical expenses the seaman incurs when treating the injuries.
Compensation Under Longshore Act
Workers who do not qualify as seamen are protected under the Longshore Act. Such workers include harbor employees, longshoremen, and those working at the docks. Therefore, any maritime worker who is not a seaman benefits from the Longshore Act.
Key Takeaways!
These are basic things about maritime injuries. Clearly, maritime workers are heavily protected by the law, ensuring they get the proper settlement. Therefore, if you are a seaman, you should know that you are eligible for three sorts of compensation- employer negligence, vessel owner compensation, and maintenance and cure. If you are not a seaman, you do not qualify for the Jones Act law, but you are protected under the Longshore Act.
