Longshoremen and Maritime Workers’ Rights

Admiralty and Maritime law encompasses the rules and procedures governing navigation and commerce by water. Most admiralty and maritime law cases involve international trade on the high seas, but seaman’s injuries are also prevalent.

How Does the Law Protect Maritime Workers?

Maritime workers are protected depending on their occupational status. The Jones Act protects traditional seamen or those actually traveling on the high seas. The Jones Act allows liability without a showing of fault by the boat owner. Generally, harbor workers and other workers involved with ships are protected by tort law (negligence) and workers’ compensation laws.

What is the Primary Basis of Maritime Personal Injury?

Most maritime personal injury cases are related to negligence by boat owners and boat workers.

Who Do These Laws Apply to?

Maritime personal injury recovery laws typically cover the following groups:

• Longshoremen (those who load and unload the cargo)
• Maintenance and Repairmen (ship cleaners, tank cleaners, carpenters, electricians, mechanics, etc.)
• Other non-seaman or persons whose occupations bring them aboard vessels on navigable waters, whose duties are of the type performed by seamen, who are members of a ship’s company but do not go to sea
• Passengers and guests of boat owners and boat companies

What is the Jones Act?

The Jones Act is a federal law that provides remedies to seamen injured while working on a vessel. In addition, the act provides for the families of seamen killed in the line of duty.

Who is a “Seaman” under the Jones Act and General Maritime Law?

To be a “seaman” and qualify for coverage under the Jones Act, the individual must meet the following criteria:

• The vessel that you were injured on must be “in navigation” at sea or in a body of water that is connected to interstate or international commerce
• You must spend a substantial part of your work time on board the vessel

When is a Vessel “Seaworthy”?

In order for a vessel to be deemed “seaworthy,” it must:

• Supply at all times proper equipment and safety gear to seamen
• Provide a safe environment for a seaman to work and reside in
• Adhere to all safety requirements for operating vessels

Workers covered by the Jones Act include:

• Fishermen
• Tugboat workers
• Barge workers
• Cruise ship workers
• Ferry boat workers
• Construction workers who work on vessels or barges
• Oil platform workers
• Commercial divers

Who May File Unseaworthiness Claim?

In most cases, seamen or their families file unseaworthiness claims against the vessel’s owner, who may also be their employer. A chartered vessel is not liable under the seaworthiness doctrine, but its owner may be held liable for negligence based on the vessel’s unseaworthiness.

In cases of death on the high seas because of an unseaworthy vessel, a family member may initiate a claim under the Death on the High Seas Act. Under this act, a family may recover damages in the form of lost services.

How Does the Unseaworthiness Doctrine Interact with the Jones Act?

The application of the unseaworthiness doctrine and the Jones Act can overlap in some circumstances. Each cause of action, however, involves different elements. Additionally, injured seamen have different remedies depending on the type of claim.

Seaworthiness is a shipowner’s absolute, non-delegable duty. An unseaworthiness doctrine claim requires a seaman to prove only that an unseaworthy condition existed on the ship and that condition caused the seaman’s injury. An unseaworthy condition does not have to be caused by the shipowner’s negligence, nor does it have to be known to the owner.

Conversely, the Jones Act requires a seaman to prove that their injury arose due to the negligence of the employer or one of its employees or agents. If a seaman brings both unseaworthiness doctrine and Jones Act claims, the seaman can request that both claims be tried before a jury.

The Jones Act provides limited damages, including past and future lost income, medical expenses, pain and suffering, and disability. If a seaman dies in the line of duty, the Jones Act permits surviving family members to recover for the seaman’s conscious pain and suffering and loss of the seaman’s financial support. The unseaworthiness doctrine allows a seaman to recover any damages traditionally available at law.

Do Seamen Have Legal Rights to Sue for Injuries?

Seamen who suffer personal injuries while at work do have a right to sue their employer under maritime laws such as the Jones Act.

The Jones Act is the federal law giving injured seamen a cause of action in negligence.

Who Can Sue for Seaman’s Injuries?

Those who fall within the definition of seaman may sue employers for personal injury caused by their employers:

• Crewmembers
• Captains
• Anyone between captain and crewmember
• Part-time seamen working at least 30% of the time on the vessel

What Injuries Can I Sustain In A Shipyard or on Navigable Waters?

Because of the physical demands associated with working in a shipyard or on navigable waters, you may be at risk for numerous injury accidents, including:

• Lost limbs
• Back problems
• Neck injuries
• Herniated discs

What Qualifies as a Seaman’s Workplace?

“Vessels in navigation” are vessels capable of sailing or moving in navigable waters on their own.

A navigable waterway is one that can be used for international trade or interstate commerce.

This definition may not apply to the following vessels:

• So-called floating casinos
• New vessels floating under a trial period
• Oil platforms or floating drilling platforms

Who Can Be Sued for Negligence Under the Jones Act?

A seaman can sue all of the following persons for injuries suffered at work:

• Owners of the vessel
• The captain of the ship
• Crewmembers

What Rules Must My Employer Follow?

The U.S. Department of Labor Occupational Safety and Health Administration has established standards governing longshoring and shipyard conditions.

For example, OSHA regulates:

• Working surfaces (such as hatch coverings, landing surfaces, and weather deck rails);
• A vessel’s cargo handling gear (such as rigging gear and cranes);
• Handling cargo (such as slinging, cargo elevators, and handling dangerous cargo);
• General working conditions (such as ventilation, first aid, sanitation, and emergency action plans); and
• Personal protective equipment (such as protection for your eyes, face, head, and feet).

Can My Employer Be Held Responsible for My Injuries?

State-regulated workers’ compensation insurance generally does not apply to injuries sustained on ships or other floating vessels, such as:

• Commercial fishing boats
• Cargo ships
• Cruise ships
• Yachts
• Tankers
• Drill vessels
• Barges

Nevertheless, you may be able to recover under the Longshoreman and Harbor Workers’ Compensation Act, which compensates for the limitations under the Jones Act (which only covers employees injured at sea) and under state workers’ compensation (which only pays for injuries occurring in a particular state and usually not on navigable waters).

What is the Longshoreman and Harbor Workers’ Compensation Act?

This federal regulation entitles injured workers to medical, disability, and rehabilitation benefits and survivors to death benefits. Furthermore, you could be covered if you contract a disease that arose naturally from marine work.

If you are a maritime worker, you may be eligible to recover under this act, if you have suffered an injury while:

• Loading or unloading a vessel
• Working on a dock, pier, wharf, terminal, building way, marine railway, or bridge
• Performing your duties in navigable waters
• Building, repairing, or dismantling a ship

Do I Need A Lawyer?

A liability lawyer is in the best position to inform you of your rights and answer any questions regarding the Longshoreman and Harbor Workers’ Compensation Act. Use LegalMatch to find the right liability lawyer today.