Who Controls a Maritime Injury Claim? Understanding the Jones Act vs. The Longshore Act
If you work on or near the water, you already know that your job comes with unique risks. What you might not know, however, is that if you get hurt on the job, standard Texas workers’ compensation won’t cover you.
Instead, your injury falls under federal maritime law.
Navigating the aftermath of an offshore accident is incredibly complex because maritime law isn’t a one-size-fits-all system. Depending on your exact job duties, your location, and the type of vessel involved, your claim will likely be governed by one of two massive federal frameworks: The Jones Act or The Longshore and Harbor Workers’ Compensation Act (LHWCA).
Choosing the wrong path or filing under the wrong framework can delay your medical care, stall your financial recovery, and put your entire family’s future at risk. Here is what you need to know about how these laws protect you and who controls your claim.
The Jones Act: Protecting Seamen and Crew Members
The Jones Act (46 U.S.C. § 30104) is a powerful federal law designed specifically to protect “seamen.” Unlike traditional workers’ comp—which prevents you from suing your employer—the Jones Act allows injured crew members to bring a lawsuit directly against their employer for negligence.
Who Qualifies as a Seamen?
To qualify for protection under the Jones Act, you must meet a specific legal definition. Generally, you are considered a seaman if:
- You are assigned to a vessel (or a fleet of vessels) that operates in “navigable waters” (waters used for interstate or foreign commerce).
- Your duties contribute directly to the vessel’s function or the accomplishment of its mission.
- You spend a significant amount of your travel and work time—generally at least 30%—onboard the vessel.
This includes captains, deckhands, engineers, cooks, and offshore oil rig workers, provided the rig is classified as a mobile or floating vessel (like a jack-up rig or drillship).
What Compensation Can You Recover?
If employer negligence or an unseaworthy vessel caused your injury, a Jones Act claim allows you to fight for substantial compensation, including:
- Maintenance and Cure: Immediate payments for your basic daily living expenses (maintenance) and all necessary medical treatments (cure) until you reach maximum medical improvement.
- Lost Wages and Lost Earning Capacity: Compensation for past missed paychecks and the future income you can no longer earn due to permanent injuries.
- Pain and Suffering: Mental anguish, physical pain, and loss of enjoyment of life resulting from the accident.
The Longshore Act (LHWCA): Protecting Land-Based Maritime Workers
Not every maritime professional works out at sea. Thousands of Texans earn their living on the docks, at the shipyards, and along the shipping channels. If you are a land-based maritime worker who is injured on or near the water, your claim falls under the Longshore and Harbor Workers’ Compensation Act.
Who is Covered Under the LHWCA?
The Longshore Act bridges the gap between traditional land-based employment and deep-sea maritime work. It covers employees who meet both a “status” test (the type of work you do) and a “situs” test (where the injury occurred). Covered workers typically include:
- Longshoremen and dockworkers loading or unloading vessels.
- Shipbuilders, ship repairers, and shipbreakers.
- Harbor construction workers.
The injury must occur on navigable waters or an adjoining land area customarily used for maritime operations, such as a pier, wharf, dry dock, terminal, or marine railway.
How Does LHWCA Compensation Work?
The Longshore Act functions more like a traditional workers’ compensation system, but with significantly higher payout rates than Texas state programs. It is a “no-fault” system, meaning you do not have to prove your employer did anything wrong to receive benefits. The LHWCA provides:
- Medical Benefits: Full coverage for all reasonable and necessary medical care related to your job injury.
- Disability Compensation: Temporary or permanent disability payments, typically calculated at two-thirds (66.67%) of your average weekly wage, subject to federal maximum caps.
- Vocational Rehabilitation: Assistance retraining for a new career line if your injuries permanently prevent you from returning to heavy harbor work.
Why the Distinction Matters for Your Recovery
Determining whether you are a Jones Act seaman or a Longshore worker is one of the most critical legal hurdles in an offshore injury case.
Employers and their insurance companies know that a Jones Act negligence claim can cost them significantly more than a Longshore administrative claim. As a result, maritime companies frequently try to misclassify injured workers. They may tell an injured deckhand that they only qualify for basic Longshore benefits, or pressure an offshore worker to sign forms that waive their rights to file a lawsuit under the Jones Act.
If everything is on the line after a severe accident, you cannot afford to rely on your employer’s interpretation of federal maritime law.
Get an Experienced Houston Maritime Injury Lawyer on Your Side
Maritime law is notoriously cutthroat, and the maritime industry employs aggressive insurance adjusters and defense lawyers to minimize their financial liability. To protect your health, your career, and your family’s financial stability, you need an attorney who understands how to stand up to major maritime corporations.
At the Law Office of Aaron Perry, we handle the complex legal heavy lifting so you can focus completely on your physical healing. We know how to audit your employment records, establish your correct legal status, and hold negligent maritime employers fully accountable.