I was injured near the shore - How do I know if I fall under the Jones Act or the Longshore Act
Many times, injured workers who are injured on boats or rigs offshore, or on the docks, or while boats are docked and not sailing, etc. will ask me whether they are Longshoremen or Jones Act seamen, or something else.
The answer to this question is absolutely critical in determining your legal rights if you are injured.
So, what is the difference between a Longshoreman and a Jones Act seaman, and how do YOU figure out which one you are? This article will provide some guidance in answering that question.
How to determine if you are a Jones Act seaman, Longshoreman, or something else
1. Get a consultation with an experienced martime lawyer.
The Jones Act, Longshore Act, and maritime law is complicated, complex, messy, and uncertain in many ares. That specifically includes whether workers are Jones Act seamen or Longshoremen.
You would not try to self-diagnose a medical condition, would you? And you should not try to self-diagnose your legal status under maritime law either.
Also, make sure the lawyer you talk to knows what he or she is talking about. Most lawyers don't do maritime law, have no idea what the difference is between a Longshoreman or Jones Act seaman, and will not be able to give you sound legal advice on this issue.
2. Gather paystubs, work descriptions, etc.
You need to gather up information on your work history and responsibilities. What you did, when you did, and for how long will all be important things for your maritime injury lawyer to evaluate.
3. Check this website often
We try to keep this website up to date with the latest court cases and maritime law issues. Hopefully, by reviewing this website, you can answer a lot of questions without ever having to call a lawyer.
General guidance on the difference between a Longshoreman and a Jones Act seaman
So by the time you've got to this part of the website, you're probably ready for an answer other than "talk to a good lawyer."
This next section will give some general guidance about the difference between a longshoreman and a Jones Act seaman. It is NOT intended to be legal advice. This area of the law is too complicated for anything but a face-to-face or phone consultation with a lawyer to give good, solid, reliable legal advice.
But some general guidelines may be helpful.
Longshoreman
Generally, longshoremen are people who work on the docks, loading and unloading boats and moving cargo around, into, off of, and around boats and docks.
People who do this work exclusively are probably going to be Longshoremen. Which means they fall under the Longshore & Habor Workers Compensation Act.
Jones Act seamen
Generally, workers who work over the water for extended periods of time on boats of all kinds, oil rigs, movable platforms, etc. and who go out to sea are considered Jones Act seamen.
And that means that their legal rights are under the Jones Act, which is a federal statute and series of court case decisions interpreting that law. The Jones Act is generally better than the LHWCA because there are more "remedies," meaning more opportunity for compensation.
Longshoremen or Jones Act seamen
What about workers who work part time on boats or tugs and part time in the docks or onshore? What about platform workers? Or what about maintenance workers who go out to sea on a temporary basis? What about casino boat workers? Commercial scuba divers?
The list of exceptions and complications goes on and on. That is why you must speak with a lawyer who knows what he or she is talking about when it comes to maritime injury cases.
Best of luck!
About the firm
Our law firm is a firm of board-certified personal injury trial lawyers with extensive experience handling serious personal injury and wrongful death matters, including Jones Act, Longshore, and General Maritime Injury cases.
Mr. Beckcom practices at Vujasinovic & Beckcom, P.L.L.C., a Houston-based law firm with a national practice.
To contact Mr. Beckcom and schedule an appointment to discuss your legal matter or for press inquiries, call toll free 877.724.7800.
To learn more about the firm, visit the following websites:
www.vbattorneys.com (main website)
www.maritimeaccidentattorney.com
www.themaritimelawyer.com
