What is the difference between a maritime injury claim and a workers’ compensation claim?
Maritime injury law and workers’ compensation law in California address different kinds of workplace injuries. A maritime injury claim is for when an injury occurs on a vessel that is on navigable waters, whereas a workers’ compensation claim is for when an injury occurs on land within the jurisdiction of the state. Maritime injury claims are regulated by federal law, while workers’ compensation laws are regulated by state law. Maritime injury claims in California entitle the injured worker to receive medical and disability benefits, including lost past and future wages. These claims can also involve damages for pain and suffering, while workers’ compensation claims in California do not. Maritime injury claims can include death benefits to a claimant’s family, while workers’ compensation death benefits are only paid to surviving spouses and dependents. In maritime injury law, a claimant has a right to sue the employer and the ship’s owner for damages for negligence. In workers’ compensation law, a claimant does not have the right to sue an employer for negligence. Instead, the employee is entitled to receive benefits from the workers’ compensation system. Additionally, maritime employers are required to provide certain safety features in order to protect their workers, while there are no such requirements in workers’ compensation law. Overall, the main difference between a maritime injury claim and a workers’ compensation claim is that maritime injury law deals with injuries that occur on a vessel at sea, while workers’ compensation law addresses injuries that occur on land. Maritime injury law entitles an injured worker to more potential benefits than workers’ compensation law does.
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