The difference between the Jones Act vs. USL&H is that the Jones Act allows injured maritime workers to take legal action against their employers and the USL&H provides workers’ compensation benefits to injured maritime workers. Understanding the differences between these laws and seeking compensation in the right way can be difficult.
Fortunately, if you’ve sustained a painful and expensive injury while working offshore, a New Orleans maritime lawyer can help you seek damages. They’ll determine if you’re better off filing a claim under the Jones Act or the USL&H and make sure you get the compensation you need to cover your losses. Let’s take a closer look at the difference between these two laws.
Coverage Differences Between the Jones Act vs. USL&H
One of the most important differences between the Jones Act and the U.S. Longshore and Harbor Workers Compensation Act is who these laws provide coverage for. The Jones Act provides protection to the captain and crew of a ship on navigable waters.
For a seaman to be eligible for Jones Act compensation, they must spend at least 30% of their working hours on a specific vessel. They must also perform duties directly related to the vessel’s functioning or tasks.
The USL&H provides coverage for maritime workers who aren’t assigned to a specific ship. If a worker is injured while engaged in maritime employment on a vessel in navigable waters of the U.S. or adjoining land, they’re eligible to pursue compensation under the USL&H.
Processes Involved With Seeking Compensation Under These Laws
Another difference between the USL&H and the Jones Act is the process by which injured seamen recover compensation under these laws. Under the Jones Act, injured maritime workers must prove negligence and take their case to trial.
The USL&H is different because it is a form of workers’ compensation. As a result, injury victims do not need to go to civil trials to seek remedies under this act. Additionally, claimants won’t have to prove negligence to get the compensation they need.
Instead, they’ll file a claim for damages, ideally with the help of a seasoned New Orleans Longshore and Harbor Workers’ Compensation Act lawyer. It’s important to note that even though USL&H claims don’t have to go to court, they can still be difficult to handle. Hiring an attorney will give you the support you need to make your claim successful.
Difference in Compensation Between the Jones Act and USL&H
It’s also important to consider the differences between the compensation you can receive from the Jones Act vs. the USL&H. Understanding these differences can help you determine which forms of compensation you’re eligible to receive, making your recovery process much smoother and easier to handle.
Under the Jones Act, injured seamen are able to claim compensation for medical bills, lost wages, decreased earning capacity, and even non-economic losses like physical pain and suffering and lost quality of life. Under the USL&H, injured maritime workers can seek compensation for medical expenses and a portion of their lost wages.
How to Find the Right Maritime Injury Lawyer for Your Case
If you’ve been injured in an offshore, work-related accident. It’s important that you find a lawyer who has what it takes to make your claim successful. To find the right legal representative for your case, you’ll want to schedule a free consultation with an attorney and ask them the following questions:
- How long have you practiced maritime injury law?
- What forms of compensation am I entitled to receive?
- What’s the difference between the Jones Act vs. USL&H?
- Which act provides coverage for my profession?
- What is your rate of success with cases like mine?
- Do you have any case results or client reviews I can see?
Asking these questions can give you a good sense of whether a maritime injury attorney is the right choice for your case. Once you’ve found an attorney, you’ll want to hire them and get started on your claim right away. The sooner you join forces with an experienced lawyer, the more likely they’ll be able to find the evidence they need to strengthen your case.
Schedule a Free Consultation With an Experienced Lawyer
Moving forward after a painful offshore injury can be incredibly difficult, especially if you aren’t familiar with the laws that allow you to seek compensation. Fortunately, the highly experienced team at Scott Vicknair Injury Lawyers can guide you through the legal process and obtain the compensation you need to cover your losses and get back to work.
Contact us today to schedule a free consultation with a trusted attorney. They’ll meet with you to discuss your case, answer any questions you have, and further explain the differences between the Jones Act vs. USL&H. We look forward to hearing from you soon and fighting for the results you deserve. Remember, we always fight for the win.
