What is the difference between a maritime injury case and workers’ compensation?

Maritime injury law in Pennsylvania is different from workers’ compensation. The primary difference is that workers’ compensation covers injury or illness which may arise out of, or be sustained in, employment. Maritime injury law applies to claims for injuries incurred on navigable waters such as seas, oceans, rivers, and lakes, or on a vessel on such waters. Under workers’ compensation, an employee injured on the job is owed damages even if the employer was not negligent in any way. In contrast, a worker who is injured on navigable waters must prove negligence on the part of the employer or vessel owner in order to receive damages. In some cases, he or she may also be able to pursue damages under general maritime law. The statutes of limitation for a maritime injury claim are also different from those for workers’ compensation. Maritime injury claims must be filed within three years in most cases, while workers’ compensation claims must generally be filed within two years. In addition, workers’ compensation is limited to providing medical care and lost wages, whereas maritime injury law is expansive and provides for a variety of damages such as pain and suffering, loss of earning capacity, and mental anguish. Ultimately, if someone is injured in Pennsylvania on navigable waters, they should seek the advice of a maritime attorney who is familiar with the nuances of maritime injury law to ensure that they receive all the compensation they are entitled to under the law.

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