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

In West Virginia, there is a distinction between maritime injury claims and workers’ compensation claims. Maritime injury claims refer to those relating to accidents that transpire while working on vessels on navigable waters in the state. These types of claims are most commonly brought by deckhands, marine engineers, and offshore workers, who may suffer injuries due to equipment malfunctions, negligent behavior of other workers, and conditions of the water. In contrast, workers’ compensation claims are typically used for accidents and injuries that happen on land, such as industrial accidents or those that occur on construction sites. They are typically filed in the state labor office and are meant to provide compensation for workers who become injured or ill due to the course of their employment. The key difference between maritime injury claims and workers’ compensation claims is that, in the former, injured workers can receive compensation for their medical bills and lost wages, as well as for their pain and suffering. On the other hand, the latter does not normally provide compensation for emotional distress and pain and suffering, as these are not legally recognized in most states. Additionally, maritime injury claims can be filed in either state or federal courts, while workers’ compensation claims must be filed through the state labor office.

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