Which Federal Laws Protect Seamen in Marksville, Louisiana?
Traditional worker’s compensation policies don’t apply to seamen. Yet, there is legal protection available to seamen hurt while working on ships, oil rigs, or harbors in the United States.
The Jones Act
As a firm, we understand how serious the consequences of an off-shore accident can be. If your employer acted negligently and caused your injuries, you are entitled to pursue coverage for your lost wages, pain and suffering, medical costs, and more. You can do this with the help of the Jones Act, which allows injured seamen to sue their employers directly for compensation.
To qualify for protection under the Jones Act, you need to be legally considered a seaman. This refers to all persons working on a vessel (an oil rig counts as a Jones Act vessel if it has some form of navigation) for at least 30 percent of their working hours. Additionally, these individuals must contribute to the vessel’s overall mission. If you meet all the requirements and sustain injuries because of an employer’s (or other worker’s) negligence, you can file a lawsuit under the Jones Act.
The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that covers maritime workers who aren’t considered seamen, and who work on the water or in water-adjacent areas. Eligible workers include ship repairers, dockworkers, shipbuilders, shipbreakers, harbor construction workers, and those who load and unload vessels.
Benefits for workers who make claims under LHWCA cover both temporary and permanent disabilities. Negligence does not need to play a part in your accident under the LHWCA. Your Marksville workers’ compensation attorney can tell you more and determine whether you qualify for LHWCA coverage.