There are several differences between claims arising under the Jones Act and workers’ compensation. The primary difference is the Jones Act applies to injured maritime workers and allows them to sue their employer for negligence.
On the other hand, workers’ compensation provides medical and lost wage benefits to injured employees but typically shields employers from negligence lawsuits. Let’s take a closer look at the difference between the Jones Act and workers’ compensation in Texas.
What Is the Jones Act?
The Jones Act, also formally called the Merchant Marine Act of 1920, is a federal law allowing maritime workers and seamen to sue their employers for negligence if they are hurt on the job.
Key Differences Between the Jones Act and Workers’ Comp
There are some key distinctions between the Jones Act and workers’ comp.
Eligibility for Filing a Jones Act Claim
You must meet specific requirements to be eligible to pursue a Jones Act case. For instance, it applies only to maritime employees who spend at least 30% of their work time on a sea vessel, and the ship or fleet of vessels must be in operation and capable of navigating open waters.
Eligibility is more straightforward when filing a worker’s compensation claim. Typically, if your employer has workers’ comp coverage and you are considered an employee, you are eligible for benefits. Our Jones Act and workers’ compensation attorney can help you assess your eligibility.
Fault v. No-Fault
Workers’ comp benefits provide medical and lost wage replacement benefits to any employees injured as a part of their job duties so long as their employer maintains workers’ compensation coverage.
An injured worker may be eligible for workers’ comp benefits regardless of fault. In other words, even if their own negligence or fault contributed to their injury, they can still be eligible for workers comp coverage. Generally, workers comp will cover medical expenses and up to two-thirds of lost wages.
On the other hand, the Jones Act allows seamen to sue their employer for personal injury damages if the employer’s negligence caused their injury. Because this is a fault-based claim, the injured seaman must prove their employer’s negligence led to the accident and injury.
However, if successful, an injured seaman is generally eligible for more compensation, including 100% of their lost wages, medical expenses, pain and suffering, and other economic and noneconomic damages.
Proof of Negligence
Under the Jones Act, you must prove your employer was negligent, as in any other personal injury lawsuit. You must show:
- Your employer owed you a reasonable duty of care.
- Your employer breached that duty,
- The breach caused your accident and injury, and
- As a result, you suffered damages and financial loss.
Filing and proving a Jones Act claim can be substantially more challenging.
Claim Process
Most workers’ comp claims are handled administratively and often do not require court intervention. However, if your employer and their insurance company deny your benefits under the Jones Act, you will likely need to file a lawsuit in state or federal court.
The overall process for filing a workers comp claim tends to be more straightforward. While we encourage anyone injured on the job to consult with an attorney, we highly recommend that anyone considering a Jones Act claim to speak with an experienced Jones Act attorney.
Statute of Limitations
One of the primary differences between the Jones Act and workers’ compensation claims is the time you have to initiate a claim. In Texas, you typically have one year from the accident date or the date you became aware of your injury to file a workers’ compensation claim.
On the other hand, under the Jones Act, you generally have three years from the date of the accident to file your lawsuit.
The difference between one year and three is substantial. If you mistakenly believe you have a Jones Act claim, you may unassumingly think you have three years to initiate your claim. If you ultimately should have filed a workers’ compensation claim but waited longer than a year, you may be barred from pursuing any compensation.
Understanding when to bring your claim can become even more complicated if third-party negligence is involved. For instance, if someone other than your employer negligently caused your injury, the statute of limitations is typically only two years from the date of the accident.
Suppose a third-party contractor or malfunctioning and defective machine caused your injury. In that case, you likely only have two years to file a personal injury lawsuit against that individual or entity.
For example, if a defective ship crane caused your injury, you may have a valid claim against the crane manufacturer.
It is also possible that more than one party is liable. If the crane manufacturer and your employer’s negligence contributed to the accident and your injury, both be liable. Due to the complexity of these situations, we encourage you to meet with a seasoned lawyer to discuss all legal options.
How to File a Claim with Jones Act Insurance
While there are many differences between Jones Act claims and workers’ compensation, one similar aspect is initiating the claim. Filing a claim with either your employer’s Jones Act insurance or workers’ compensation coverage will initially proceed similarly.
Whether your employer has workers’ compensation or Jones Act insurance coverage, you must first file an injury report with your supervisor, vessel captain, officer, or the particular individual in the chain of command at your company.
Call (713) 532-4474 or complete a Free Case Evaluation form
Contact a Jones Act Attorney in Houston for a Free Consultation
At Kolodny Law Firm, we are dedicated and seasoned Jones Act and maritime attorneys. We have experience handling these claims and can assist you with seeking the maximum damages possible.
If you were recently hurt on the job and believe you may have a Jones Act claim, contact us immediately for a free case review. We can review the facts of your case, inform you of your legal options, and develop a plan of action for pursuing the compensation you need and deserve.
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Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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