JONES ACT

The Merchant Marine Act of 1920, more commonly known as the Jones Act, is a federal act which provides employee benefits similar to State Act Workers Compensation to masters and crew members of US flagged vessels. State Act Workers Compensation programs do not cover vessel crew and these employees can file suit against their employer for negligence, the negligence of a co-employee or the unseaworthy condition of a vessel under the Jones Act.

Under the Jones Act, employees may bring suit for monetary award for the following damages: medical expense; pain and suffering, both physical and mental for the loss of a limb; mental anguish, depression or any other psychological injury; past loss income; and dollar for dollar loss in earning capacity.

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USL&H

The Longshore Harbor Worker's Compensation Act, more commonly referred to as USL&H, is a federal act which provides employee benefits similar to State Act Workers Compensation to an employee engaged in maritime employment if any injury or death occurs upon navigable waters of the United States including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling or building a vessel.

State Act Workers Compensation programs do not cover these types of employees and jurisdiction for USL&H falls under the United States Department of Labor. Compared to State Act programs, USL&H claims are subject to a more generous benefits schedule, compressed reporting schedules and increased penalties and fines for noncompliance.

Suits and case law subsequent to the Act's original passage have continued to expand the eligibility and coverage for workers so that nearly any company operating on or near navigable waters will have USL&H exposure.

USL&H provides medical and disability benefits as well as rehabilitation services. The Act also provides wrongful death benefits to survivors of a worker killed on the job.

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