888-888-8888
Home icon Envelope icon

Boat and Docks Workers Compensation Benefits

Boat and Docks Workers Compensation Benefits
Calendar icon April 18, 2021
Tags icon

Getting injured or ill while working, especially if you work on a boat, or the docks, you won’t be able to work for a while, and you will lose wages. Meanwhile, your medical bills will rise and you will have to pay for them. The company you work for should have workers’ compensation coverage to pay the employees in case of injuries or illnesses.

If you work on a boat or dock you should know about these things. If you are a captain or crew member, you’re considered a mariner. If you work on the docks, you’re a stevedore. These workplaces as well are risky and workers can easily end up injured while doing their job.

However, when marine workers get injured while doing their job, things are a bit more different for them.

The following are basic info to help you understand these things better. It’s important to consult a New York workers’ compensation attorney. 

Workers’ Compensation Benefits

This is an insurance that employers have to buy to keep their employees protected in case of injuries and illnesses. This coverage will pay for medical bills and lost wages (however it won’t cover other things like pain and suffering).

It is run by the state where the business is run. It doesn’t matter who was at fault or how the accident happened; even when workers were horsing around and got injured while doing work, they will get the worker’s compensation in the end.

If you’re a docks worker this type of compensation is available for you. However, it’s not available if you’re a marine. The coverage pays up to 60% of the average weekly wage you get over the last year. There’s a limit on how long you can receive these benefits for a partial disability

This type of coverage is available for stevedores. However, it is not available for mariners. The coverage will pay up to 60% of the average weekly wage you received over the last year.

Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Worker’s Compensation Act (LHWCA) is a federally run program for docks workers. Just like state-run worker’s compensation benefits, stevedores don’t have to prove fault to get their claim approved. This act will pay up to two-thirds of the average pay for the last year. The stevedore can receive benefits for a partial disability permanently.

These requirements for a claim are different from a state worker’s compensation. This is the main reason why you need to get legal help from a workers’ compensation attorney; you won’t be able to get these benefits if you aren’t qualified.

Jones Act

The Jones Act concerns anyone who works as a member of the crew or a captain of the boat. This is much different from the other programs so you’ll have to prove some type of negligence on the company; even if the boat owner is only 1% at fault, you will have a case.

According to this act, you can sue the boat owner or boat company for any type of negligence, which can be something simple as not having a warning sign of a wet deck.

But, when you sue you have to prove that the boat was unseaworthy. For a boat to be deemed unseaworthy it has to have something happen on the boat while it’s at sea (even a small damage can turn a boat into an unseaworthy).

According to the Jones Act, the law states that the employer should provide the employees with cure and maintenance. This means that they will have to buy you food, pay rent or mortgage, and pay taxes, insurance, and your utility bills during your recovery. Also, all your medical bills will be covered as well.

If you were injured while working on the deck or while working on the boat, you will have to get legal help from a workers’ compensation attorney.

These workers’ compensation benefits aren’t the same so having an attorney by your side will help you with getting your benefits.

Do You Need an Attorney

Being a boat crewmember or deck worker is a risky job that exposes to you a high risk of severe injuries but also fatal outcomes. If you’re a boat crew member you will have to prove negligence to get the benefits.

If you’re looking for legal answers the team at Cellino Law is here to answer them for you.

Schedule your first consultation where we’ll evaluate your case for free. Our mission is to help you get the benefits you deserve.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

    Testimonials

    • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

      Jose & Rose

    • I want to thank your law firm for settling my lawsuit where others failed. You treated me with the utmost respect and care, because of your law firm the dream of owning my own home finally came true. For the first time in a long time, we're living out our dream home. Thank you a million times over. Thank you for making my dream come true.

      Marcy

    • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support

      Lisa

    • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

      Anthony

    • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

      Theodore

    • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

      Mrs Steward