Miami Personal Injury Lawyer Blog
Florida’s many miles of coastline comprise a thriving maritime industry of workers serving cruise lines, cargo operations, and many other water-based activities. However, working on the water comes with inherent risks. If you were injured in a maritime accident on the job, you wonder about your rights. There are workers’ compensation laws in Florida, but they do not apply to maritime workers in the same way as employees in other market sectors.
Being injured in any workplace accident can be physically, emotionally, and financially draining, so it is crucial to pursue all legal options. Fortunately, you may be protected by two federal workers’ compensation laws specifically intended for maritime employees. A Miami maritime accident attorney can provide details on what workers are covered by these laws, but the answer depends on the specific nature of your work.
1. Longshore and Harbor Workers’ Compensation Act
The LHWCA is a federal program designed to protect workers who are injured on navigable waters or adjoining areas like piers, docks, and terminals. This includes:
- Longshore workers who load and unload cargo from vessels.
- Shipbuilders and repairers
- Harbor construction workers engaged in building and repairing harbor structures
Aside from eligibility as a worker, another key factor for LHWCA coverage is that the injury must occur on navigable waters of the US. Benefits include medical coverage, lost income, and death benefits for families. If you are covered by LHWCA, you generally cannot sue your employer. Note that you do not need to prove negligence to obtain benefits, so this statute creates a system of no-fault workers’ comp.
2. The Jones Act
This statute applies specifically to “seamen,” which are maritime workers who spend most of their time on a vessel in navigation. These employees may include:
- Seafarers on cargo ships, cruise lines, and fishing vessels
- Tugboat operators
- Offshore oil rig workers
Under the Jones Act, you may be eligible for compensation for medical costs and lost wages. Plus, unlike LHWCA, the Jones Act allows you to sue your employer for negligence. If your injury resulted from their failure to provide a seaworthy vessel or maintain safe working conditions, you might qualify to recover amounts for pain and suffering.
3. Overlap Between LHWCA and Jones Act
There can be some overlap between LHWCA and the Jones Act. If your job duties involve working on both a vessel and a fixed location like a dock, you might benefit from pursuing a claim under one law compared to the other. Your strategy should include showing that you are eligible as a seaman covered by the Jones Act, since you can obtain compensation for pain and suffering with proof of negligence.
Florida’s Maritime Law Attorneys Can Help
Our team at Gerson & Schwartz, PA, has extensive experience representing injured workers. We can guide you through the complexities of maritime injury claims and ensure you receive the compensation you deserve. Please contact us today at (305) 371-6000 or go online to set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
