April 18, 2021
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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.
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.