When you get hurt on a ship out at sea, state workers compensation laws do not protect you. Land-based workers use no-fault state programs after an injury, but crew members rely on federal law instead.
Why blue water seamen do not receive workers compensation
State programs leave out seamen because federal maritime law provides specific legal rules for crew members on ships in navigation. Federal statutes replace state programs to keep legal rules uniform across all ocean waters.
Ocean vessels travel across international waters where state statutes do not apply to workers. Congress created the Jones Act to give ocean-going crew members a clear way to seek financial recovery for onboard injuries.
How negligence impacts a Jones Act claim
State workers compensation pays benefits even if nobody caused the accident, but the Jones Act requires proof of employer fault. You must show that your employer or a crew mate acted carelessly.
Maritime cases carry a lower burden of proof than ordinary injury lawsuits. You only need to show that employer carelessness played a small part in your injury. Ship owners must provide safe working conditions and proper tools:
- Safety training that covers job hazards
- Properly maintained deck tools and lines
- Enough crew members to handle heavy loads safely
Showing even small employer mistakes helps an injured worker meet this requirement.
What compensation options exist under maritime law
Workers compensation limits payments to set rates for medical bills and part of your lost pay. The Jones Act lets you seek money for physical pain, mental distress and total lost future wages.
General maritime law also gives injured crew members no-fault rights called maintenance and cure. Maintenance pays for daily living costs on land, while cure pays medical bills until your injury heals as much as possible.
Protect your rights after a maritime injury
Statutes of limitation strictly limit the time you have to file a maritime claim after an offshore accident. Speaking with a maritime attorney can help you understand your legal options and secure compensation.