Relief for those injured working on our rivers
The Womick Law Firm in Carbondale, Illinois—located between the Mississippi and Ohio rivers—has long provided legal advice on issues of maritime law.
Federal law recognizes that seamen, longshoremen, and others who work in the maritime industries are subject to unique types of injuries and illnesses related to their jobs. The Jones Act is a federal statute that provides some recourse for seamen when they are injured because the vessel they work on is deemed unseaworthy or their working conditions are unduly dangerous. The Longshore and Harbor Workers Compensation Act covers those who do not work directly on a ship, but are injured upon the navigable waters of the United States.
The Jones Act
The Jones Act applies only to those who are members of a crew of a vessel—a ship, barge, fishing boat, or water platform—or assigned to a vessel or fleet of vessels. It differs from workers compensation in that—unlike workers comp regulations—Jones Act provisions consider whether or not you were at fault in causing your on-the-job injury. It is necessary to prove that the injury resulted from the unseaworthiness of the vessel, negligence, or defective equipment, which may include:
- Negligence/fault by
- Fellow employees
- Other equipment
Longshore and Harbor Workers Compensation Act
This program—administered by the Office of Workers Compensation Programs—provides for compensation and medical care to employees disabled from injuries that occur on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building certain vessels. This act covers workers employed in maritime occupations, including longshore workers or other persons in longshore operations, and any harbor workers, including ship repairers, shipbuilders, and ship breakers.
There are also provisions for benefits to specific survivors and dependents if the injury causes the employee’s death. The term injury includes occupational disease arising out of employment. However, certain workers are excluded even if they are injured on navigable waters or an area adjoining those waters. To determine your eligibility for compensation under either of these laws, it is important to consult a lawyer who is well-informed about the specific provisions of these programs.
If you have been injured on the job in the maritime industries, seek advice from the knowledgeable, experienced lawyers at the Womick Law Firm CHTD in Carbondale, IL. The firm is committed to providing you with the most viable and practical legal representation possible. Call us today at 1-800-598-2440 or contact the Womick Law Firm online for immediate evaluation of your case.