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

The main difference between a maritime injury claim and a workers’ compensation claim is the parties involved. A maritime injury claim is typically between an injured maritime worker and a maritime employer or a third party, usually a vessel owner who is responsible for the vessel’s upkeep and maintenance. Meanwhile, a workers’ compensation claim is between an injured employee and the employer. Therefore, the individual who is making the claim is different in each situation. Maritime injury claims are governed by a body of federal law known as the Jones Act, which is designed to ensure that injured maritime workers are compensated for their injuries. Under the Jones Act, a maritime worker can receive compensation for a variety of damages, including lost wages, medical expenses, pain and suffering, and emotional distress. However, the maritime worker must be able to prove that the injury was caused by the negligence or recklessness of the employer. In contrast, workers’ compensation claims are governed by state laws and are not subject to the same level of scrutiny as maritime injury claims. Workers’ compensation claims are not subject to the same burden of proof as maritime injury claims and are generally accepted as long as an employee can prove that the injury occurred while performing a job-related task. In addition, workers’ compensation claims typically cover only physical injuries, whereas maritime injury claims can cover emotional distress, pain and suffering, and other non-physical injuries.

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

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