Legal Help For Maritime And Motor Vehicle Accidents
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The difference between the Jones Act and the LHWCA

| Jun 11, 2021 | Jones Act |

Residents of New Orleans and other areas of Louisiana may want to learn more about the difference between the Jones Act and the Longshore and Harbor Workers’ Compensation Act, or LHWCA. These two acts stipulate pay to workers and employees who receive injuries on the job when they occur in navigable waters or adjoining areas.

According to the U.S. Department of Labor, these two acts are mutually exclusive. Each provides compensation for injuries while performing a different type of work.

The Longshore and Harbor Workers’ Compensation Act

This legislation pays for injuries in the form of compensation, medical care and vocational rehabilitation services to disabled employees. On-the-job injuries may occur on the navigable waters of the United States as well as in adjoining areas. The employer is self-insured, and the insurance company is one that is private. Injuries may also occur in the following places for coverage:

  • Piers
  • Docks
  • Wharves
  • Terminals
  • Places for unloading and loading of vessels

What is the difference between LHWCA and the Jones Act?

The LHWCA excludes “master or member of a crew of any vessel,” which means it does not cover crew members. Instead, they receive coverage through the Jones Act. In the Jones Act, the master or member of a crew has the term, “seaman.” It pertains to the vessel navigation.

With the Jones Act, the employee does not have to actually navigate the vessel; instead, they may be doing work for the ship by contributing to transportation or helping with the ship’s function.

If you have an injury from a maritime accident, whether on a barge, fishing boat, cruise ship or other vessel, it may be wise to consult an experienced attorney with knowledge of the Jones Act. A legal representative may help you seek compensation for your injury and move on with your life.