If you are injured on the job and believe that the Jones Act or Workers’ Compensation may affect your claim, it’s important that you hire an attorney who is knowledgeable about both of these statutes. If you are unsure whether the Jones Act or Workers’ Comp apply to your case, consider the following.
One of the main differences between the two statutes is that the Jones Act provides benefits to injured maritime workers (known as “seamen”) – and that seamen cannot file a Workers’ Compensation claim. Likewise, a person injured on a job that occurs on land is usually not eligible for benefits under the Jones Act.
Another important difference is that compensation in a Jones Act claim is determined by who is at fault for the accident – while fault makes no difference in a Worker’s Comp claim. In a Jones Act claim, the injured worker must prove that someone (a crew member, officer, captain, etc.) was negligent and caused the accident/injury. In a Workers’ Comp claim, it does not matter who was at fault for the accident.
Yet another difference between the two statutes is that the Jones Act offers many more compensation options than Workers’ Comp. Therefore, it is very important for anyone who is eligible for the Jones Act to take advantage of this by filing the proper claim.
The bottom line is that it’s important that you hire an attorney who is knowledgeable about both of these statutes to ensure that you get all of the compensation you deserve.