Maritime and admiralty laws are some of the most fascinating and intricate bodies of laws.  A worker may find that the most minor distinction can define whether he is a Jones Act seaman, a longshore worker or a worker covered under the Workers’ Compensation laws of his state.

Take for instance, a worker who is injured on an offshore oil rig. His legal rights may be entirely different from a worker injured on an offshore platform. That’s because these two vessels are seen as entirely different from a maritime law perspective.

An offshore rig is mobile and can be moved, while an offshore platform is more or less permanently moored to the ocean floor. To an outsider, that may seem like a small distinction that should have nothing to do with your Jones Act rights. In fact, this distinction can be grave enough to dramatically impact your maritime injury claim.

A worker on an oil rig that can be moved is likely to qualify as a Jones Act seaman because the rig meets the definition of being “ in navigation.”  An offshore platform on the other hand, may not meet the definition of a Jones Act vessel. In such cases, even if the worker did spend a substantial amount of time on the vessel, he may not qualify as a seaman under the Jones Act. He may not be eligible for Jones Act benefits even if his job involves the same functions as an offshore rig worker. However, he may be entitled to benefits under the Longshore and Harbor Workers’ Compensation Act. He may also be eligible to file a claim under general maritime laws.

The lines distinguishing Jones Act rights from those under the LHWCA and general maritime laws, can be fine.  Not all maritime workers are aware of these distinctions, which is where a maritime attorney comes in.

If you have been injured at sea, and have questions about your status under the Jones Act, whether you qualify as a Jones Act seaman or if the LHWCA or general maritime laws apply to you, contact a maritime lawyer at my office for a free consultation.

Image Courtesy: Stock.Xchng