Jones Act and Longshore & Harbor Workers’ Compensation Act (LHWCA)
Maritime workers face some of the most dangerous working conditions in the country. Injuries on navigable waters, docks, ports, and shipyards are governed by federal maritime law, not standard state workers’ compensation rules. If you were injured while working on or around the water in Georgia, The C. Paul Law Firm P.C. can help you determine whether you qualify for protection under the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), or related maritime remedies.
Understanding Maritime Law
Maritime injury claims differ significantly from land-based workplace claims. Depending on your job duties and where the injury occurred, you may be covered by:
- The Jones Act (for seamen)
- The Longshore and Harbor Workers’ Compensation Act (LHWCA) (for longshore, harbor, and certain maritime workers)
- General Maritime Law (maintenance and cure, unseaworthiness)
Each framework provides different rights, benefits, and standards of proof.
Jones Act Claims (Seamen)
The Jones Act protects maritime workers who qualify as seamen. To qualify, a worker generally must:
- Be assigned to a vessel or fleet of vessels
- Spend a substantial portion of work time aboard the vessel
- Contribute to the vessel’s mission
Under the Jones Act, injured seamen may pursue claims against their employer for negligence.
Jones Act Compensation May Include
- Medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Disability-related damages
The Jones Act provides broader recovery than traditional workers’ compensation.
LHWCA Claims (Longshore & Harbor Workers)
The Longshore and Harbor Workers’ Compensation Act (LHWCA) applies to workers injured:
- On docks, piers, terminals, or shipyards
- While loading or unloading vessels
- In maritime construction or repair
LHWCA Benefits Typically Include
| Benefit | What It Covers |
| Medical Care | Authorized treatment related to injury |
| Disability Benefits | Temporary or permanent wage replacement |
| Vocational Rehabilitation | Assistance returning to suitable work |
| Death Benefits | Benefits for surviving dependents |
LHWCA does not require proof of employer fault.
Maintenance and Cure (General Maritime Law)
Regardless of fault, injured seamen may be entitled to maintenance and cure, which includes:
- Maintenance: Daily living expenses while recovering
- Cure: Medical treatment until maximum medical improvement
Failure to provide maintenance and cure may expose employers to additional liability.
Common Maritime Injuries
Maritime accidents frequently result in serious injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones and crush injuries
- Back and neck injuries
- Burns and chemical exposure
- Amputations
- Wrongful death
The physical demands of maritime work often lead to long-term impairment.
Maritime Cross-Over Claims
Some maritime accidents involve third-party liability, such as:
- Negligent vessel owners or operators
- Defective equipment manufacturers
- Port or terminal operators
- Contractors or subcontractors
These cross-over claims may allow recovery beyond statutory benefits.
What to Do After a Maritime Injury
To protect your maritime claim:
- Report the injury immediately
- Seek prompt medical attention
- Document vessel conditions and hazards
- Preserve employment and assignment records
- Avoid signing statements or releases without legal guidance
Maritime employers and insurers often act quickly after accidents.
Statute of Limitations for Maritime Claims
- Jones Act claims generally have a three-year filing deadline
- LHWCA claims have strict reporting and filing requirements
- Other maritime claims may involve additional deadlines
Timely legal evaluation is essential.
Frequently Asked Questions
Am I covered by state workers’ compensation or maritime law?
Coverage depends on your job duties and where the injury occurred.
Can I receive both Jones Act and LHWCA benefits?
Generally no, but determining eligibility requires careful analysis.
Do maritime cases require proof of fault?
Jones Act claims require negligence; LHWCA claims do not.
Why Choose The C. Paul Law Firm P.C.
- Experience handling complex maritime and workplace injury claims
- Knowledge of federal maritime statutes and cross-over liability
- Strategic evaluation of seaman status and coverage eligibility
- Clear, professional communication
- Commitment to ethical, client-focused representation
We work to ensure maritime workers receive the full protection the law provides.
Speak With a Maritime Law Lawyer in Georgia
If you were injured while working on or around navigable waters in Georgia, The C. Paul Law Firm P.C. is ready to help you understand your rights under maritime law. Contact our office today to schedule a confidential consultation. The C. Paul Law Firm P.C. is located at 1870 The Exchange, Suite 200, #1387, Atlanta, GA 30339. You can reach us by phone at (212) 551-PAUL or visit www.cpaullawfirm.com. Reach out today to speak with a member of our team and begin your path toward recovery.