Differences Between Jones Act & Workers' Comp

If a seaman is injured, should he file a Jones Act claim or workers’ compensation claim?  The answer depends on the details of the injury.  Even though there are a few similarities, the amount of compensation is dramatically different.  Once a seaman files for workers’ comp, he loses eligibility to later pursue a Jones Act case.

Workers’ compensation benefits are designed to cover medical expenses and lost wages, while the injured employee is away from work.  The coverage is offered to workers who have been hurt on the job, but the benefits are only temporary.

Compensation provided by the Jones Act entitles the injured seaman to maintenance and cure.  The employer must pay for reasonable medical care, until the injured worker has improved.  If the injury was the result of negligence on behalf of the vessel’s owner, operator, employer, co-worker or other liable party, the injured seaman may be able to pursue additional compensation.  An unseaworthy vessel also qualifies for Jones Act protection. 

A Jones Act settlement can be substantial.  It includes compensation for pain and suffering, lost wages, medical expenses, disfigurement and mental anguish.  These cases are often complex and require an experienced maritime attorney who can review the facts to build a strong argument.  A successful Jones Act lawsuit can significantly change the injured seaman’s life.

Before filing for any type of claim, whether it is Workers’ Comp or Jones Act, it is crucial to consult with an attorney who can give advice on the best course of action.  For more information about the differences between Jones Act claims and Workers’ Comp claims, read the informative article, “Workers’ Compensation or Jones Act.”

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