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December 4, 2020

Who Is Covered Under the Jones Act?

When you work in or around the navigable waters and suffer a serious on-the-job injury, you may be wondering what your next steps should be. 

Do you file a claim for Louisiana workers compensation benefits, benefits under the Longshore and Harbor Workers Compensation Act (LHWCA) or does your employment status qualify you for benefits under the Jones Act? Below, we describe in further detail which types of workers are covered under the Jones Act and which benefits may be received under this federal law. 

More About the Jones Act

Maritime employees are not entitled to Louisiana workers compensation benefits because of the fact that both the Jones Act and the LHWCA provide injured maritime employees with certain benefits. However, only certain maritime workers are entitled to benefits under the Jones Act.

Only injured seamen are able to obtain benefits and financial recovery under the Jones Act. Employees are considered seamen if they work on or around the navigable waters. All other maritime workers, including longshoremen, oil rig workers, shipyard workers, harbor workers, and others will file claims under the LHWCA when they suffer a work-related injury. 

Injured Seamen and Jones Act Benefits

The good thing about the Jones Act is that it provides far more benefits to injured seamen than the LHWCA provides to other maritime employees. 

First, the Jones Act provides injured seamen with what’s known as maintenance and cure. Maintenance refers to the coverage of the seaman’s living expenses such as their rent or mortgage, utilities, groceries, and other necessary household bills. Cure refers to the full coverage of an injured seaman’s medical expenses as they relate to their work-related injury.

Furthermore, under the Jones Act, injured seamen have the right to seek compensation for other types of losses including:

  • Lost wages
  • Pain and suffering
  • Lost quality of life
  • Emotional distress
  • Diminished earning capacity
  • Reputational damage

Reach Out to a Louisiana Jones Act Lawyer

If you have been seriously injured as a seaman and need help gaining access to the benefits you may be entitled to, reach out to a Louisiana Jones Act lawyer at Spencer Calahan Injury Lawyers. You can schedule a free, no-obligation consultation by filling out the quick contact form below or calling 225-387-2323.