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Posts tagged "Seaman Status; Jones Act; Workers Compensatioin"

Seaman Status-2

With respect to the second, or substantial connection prong of the test, Supreme court emphasized that the "fundamental purpose" of this requirement is "to separate the sea-based maritime employees who are entitled to Jones Act protection from those land-based workers who have only a transitory or sporadic connection to a vessel in navigation, and therefore whose employment does not regularly expose them to the perils of the sea."

Seaman Status

Court's have continue to struggle towards a working criteria to mark the boundaries between seamen and land workers. The difference is important in regard to filing a claim for bodily injury. Those having seaman status are afforded the right to sue an employer for full tort damages which include past and future wage and related economic losses and pain and suffering. These rights arise under a federal statute known as the Jones Act 46 (USCA ยง30104) and under the General Maritime Law. The former allows a negligence based action, the latter an "unseaworthiness action". Those not having seaman status are limited to compensation under a State or Federal Workers' Compensation statute. Workers compensation statutes do not allow compensation for pain and suffering and allow only limited coverage for wage and economic losses. Other important differences between the two schemes are 1) filing dates, statutes of limitations and criteria to establish the claim.

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