Maritime Law Governs Navigation And Shipping. Maritime law, also known as admiralty law, is the area of law that governs navigation and shipping. Differing from workers compensation laws, maritime law is specific to seamen, longshoremen and other workers on the seas. Employers are required to maintain a reasonably safe working condition and are liable for the negligence of any of its unsafe conditions, officers, agents or employees.
Parker Waichman LLP, LLP represents clients whose injuries fall under specific maritime laws including: Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), Death on the High Seas Act (DOHSA) and Unseaworthiness Claims. If you were injured and need the help of an experienced maritime lawyer, contact Parker & Waichman, LLP tfor a free lawsuit case consultation.
Jones Act Cases
The Jones Act governs the liability of vessel operators & marine employers for the work-related injury or death of an employee. The Jones Act permits seamen who have been injured by the negligence of their employers or co-workers while working on the vessel to seek compensation for both past and future economic and non-economic losses. The Jones Act is a federal law meant to ensure that all seamen’s injuries throughout the nation would be guided by the same liability standards. While the Jones Act is intended to protect seamen it differs significantly from workers’ compensation laws. Unlike workers’ compensation, the Jones Act does not require payment regardless of fault. Injured seaman can only win recovery if they prove their injury was the result of negligence by the vessel’s owners, operators, officers, or co-workers fellow employees or by a defect in the vessel or its equipment. An employer may be held liable for failing to provide an injured worker adequate medical care. In addition to the employer, a seaman can file suit against a vessel’s owner claiming the vessel was unseaworthy.
Longshore and Harbor Workers’ Compensation Act Cases
The Longshore and Harbor Workers’ Compensation Act or LHWCA provides protection to maritime workers who are injured on navigable waters. This act was created to fill the gap between the Jones Act and state worker’s compensation laws. While the Jones Act provides protection to seamen and state workers’ compensation laws only apply to injuries that occur in a particular state, the Longshore and Harbor Workers’ Compensation Act provides protection to non-seamen who are injured on navigable water.
Compensation for injuries covered by the Longshore and Harbor Workers’ Compensation Act is administered by the Federal Department of Labor. Injured workers who qualify for coverage under LHWCA are entitled to disability benefits. Under the Longshore and Harbor Workers’ Compensation Act an injured person’s right to benefits is not contingent on proving the employer was at fault for the employee’s injuries. This differs from the Jones Act which requires the injured seaman to prove negligence or fault.
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