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A Maritime Worker’s Complete Guide to Injury Rights

The Jones Act vs. The LHWCA

You were injured working on the water, but are you a “seaman” or a “maritime worker”? The answer to that single question can change everything about your injury claim, the benefits you can receive, and the course of your family’s future. Navigating the aftermath of a maritime injury is a confusing and stressful ordeal, made even more complex by a web of federal laws that seem to overlap and contradict one another. Two of the most important, and most frequently confused, of these laws are the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).

This guide is designed to be the definitive resource to clarify this confusion. We will provide a deep, comprehensive dive into both laws, breaking down exactly who they cover, the types of benefits they provide, and the legal processes they involve. Understanding which of these two critical maritime laws applies to your situation is the first and most important step toward protecting your rights and securing the compensation you deserve. One path leads to a federal workers’ compensation system, while the other opens the door to a personal injury lawsuit where you can recover a full range of damages. Choosing the wrong path, or having your employer misclassify you, can be a devastating mistake.

Before we begin our in-depth analysis, use the interactive tool below for a quick overview of the fundamental differences.

Interactive Rights Comparator

Click a topic below to compare the two laws side-by-side.

Who is Covered? Legal Standard Available Damages Legal Process

⚓ The Jones Act

🏗️ The LHWCA

Confused about your rights?

Your job title doesn’t determine your legal status—the facts of your case do. Call our experienced maritime attorneys now for a free, confidential consultation to determine which law protects you.

Call [Phone Number]

A Deep Dive into the Jones Act: The Seaman’s Lifeline

The Merchant Marine Act of 1920, commonly known as the Jones Act, is one of the most powerful legal protections afforded to any worker in the United States. It is a federal law that recognizes the unique and often perilous nature of working at sea and provides a legal remedy for “seamen” who are injured due to the negligence of their employer or fellow crew members. It is, in essence, the seaman’s lifeline when they are hurt in the service of a vessel.

The law was passed to overturn an archaic Supreme Court ruling that prevented seamen from suing their employers for negligence. Congress recognized that seamen, by the nature of their work, are constantly exposed to dangers far beyond those of a land-based employee. They face the unpredictable forces of the sea, work with heavy and dangerous equipment, and are under the complete control of the vessel’s master, often thousands of miles from home. The Jones Act was created to provide a robust system of justice for these dedicated workers.

The Crucial Question: Are You a “Seaman”?

This is the single most important question in any Jones Act case, and its answer is far more complex than a simple job title. You could be a cook, an engineer, a deckhand, or a steward—your title doesn’t matter. What matters is your connection to a vessel. The Supreme Court established a three-part legal test (often called the “Griggs test” after the case that defined it) to determine seaman status:

1. Your duties must contribute to the function of the vessel or the accomplishment of its mission. This is a very broad requirement. You don’t have to be navigating the ship. If your work serves the vessel’s purpose in any way—from cooking meals for the crew to maintaining the engines to handling lines on deck—you meet this part of the test.
2. You must have a connection to a “vessel in navigation.” A “vessel” includes almost any craft capable of moving on water, such as tankers, cargo ships, tugboats, barges, supply boats, dredges, and even movable offshore drilling rigs like jack-up rigs and drillships. “In navigation” means the vessel is afloat, in operation, and capable of moving, even if it is temporarily docked.
3. Your connection to the vessel (or an identifiable fleet of vessels under common ownership) must be substantial in both its duration and its nature. This is the most heavily litigated part of the test. It means you can’t be a temporary passenger or a one-day contractor. You must spend a significant amount of your work time (a general rule of thumb is 30% or more) aboard the vessel, exposing you to the “perils of the sea.”

Examples of workers who are typically considered Jones Act seamen include crew members on tankers, container ships, cruise ships, deckhands, mates, captains on tugboats, engineers, oilers, crew on commercial fishing vessels, workers on movable offshore platforms, and service personnel aboard a vessel. Conversely, a scientist on board for a day or a repairman hired for a specific job in port would likely not qualify.

The Basis of a Jones Act Claim: Proving Negligence

The Jones Act is a fault-based system. This means that to win your case, you or your attorney must prove that your employer’s negligence played a role in causing your injury. However, the Jones Act provides a huge advantage for seamen: the burden of proof is “featherweight.”

This is the easiest standard of proof to meet in the entire American legal system. You do not need to prove that your employer’s negligence was the primary cause of your injury. You only need to show that their negligence played any part, no matter how small, in bringing about the injury. If the employer’s unsafe practice or failure to act contributed even 1% to your accident, they can be held 100% liable for your damages.

Common examples of employer negligence include failure to provide a safe workplace, lack of proper equipment, inadequate training, slippery decks, ordering work in unsafe conditions, or requiring excessively long hours.

The Power of an “Unseaworthiness” Claim

In addition to a negligence claim under the Jones Act, an injured seaman has another powerful legal tool: a claim for “unseaworthiness.” This is a separate claim rooted in general maritime law that can be brought alongside the Jones Act claim. Unseaworthiness is a form of strict liability, meaning it is a “no-fault” claim against the vessel owner. You do not need to prove the vessel owner was negligent or knew about the unsafe condition. You only need to prove that the vessel, or any part of its equipment or crew, was not reasonably fit for its intended purpose, and that this condition caused your injury. The duty to provide a seaworthy vessel is “absolute and non-delegable.” A vessel can be deemed unseaworthy for a vast number of reasons, including defective equipment, inadequate crew, or unsafe design.

Damages Available Under the Jones Act: The Path to Full Recovery

This is where the power of the Jones Act truly lies. Unlike a workers’ compensation system that provides only scheduled, limited benefits, a successful Jones Act claim allows an injured seaman to recover a full and fair range of damages, designed to make them “whole” again. These damages include: Past and Future Medical Expenses (“Cure”), Lost Wages and Loss of Future Earning Capacity, Pain and Suffering, Mental Anguish, Disfigurement, and Maintenance (a daily stipend for living expenses). This ability to recover a full spectrum of damages, particularly for pain and suffering and lost future earning capacity, is the most significant advantage of a Jones Act claim.

Understanding the LHWCA: Protection for Land-Based Maritime Workers

While the Jones Act protects workers who go to sea, Congress recognized that another group of maritime workers faced similar dangers but were left in a legal gray area. These are the men and women who work on and around the waterfront—loading and unloading vessels, building and repairing ships, and working on docks and in terminals. They are not “seamen,” but they are also not typical land-based workers. To fill this gap, Congress passed the Longshore and Harbor Workers’ Compensation Act (LHWCA) in 1927.

The LHWCA is a federal workers’ compensation system. It is designed to provide prompt and certain medical and wage-loss benefits to maritime workers who are injured on the job but do not qualify for the Jones Act. It is a compromise: the worker gives up the right to sue their employer for negligence in exchange for a no-fault system that provides immediate benefits.

Who Does the LHWCA Cover?

Just like the Jones Act has its test for seaman status, the LHWCA has a two-part test to determine eligibility. A worker must satisfy both a “status” test and a “situs” test.

1. The Status Test: Are you a “maritime employee”? The LHWCA covers employees engaged in maritime employment, such as longshoremen, ship-repairers, ship-builders, and harbor construction workers.
2. The Situs Test: Where did the injury occur? The injury must occur on, near, or adjacent to the “navigable waters of the United States,” including docks, piers, terminals, and shipyards.

The LHWCA also extends its coverage to workers on fixed offshore platforms on the Outer Continental Shelf via the Outer Continental Shelf Lands Act (OCSLA).

The Basis of an LHWCA Claim: A No-Fault System

The most fundamental aspect of the LHWCA is that it is a no-fault system. You do not need to prove that your employer was negligent. If you were hurt on the job in a covered location, you are entitled to benefits. This provides a faster and more certain path to receiving medical care and wage replacement benefits.

Benefits Available Under the LHWCA

While the LHWCA provides certain benefits, they are generally more limited than what is available under the Jones Act. The primary benefits include: Payment of All Necessary Medical Expenses, Disability Benefits (two-thirds of your average weekly wage), Scheduled Awards for injuries to specific body parts, and Vocational Rehabilitation. Crucially, the LHWCA does not provide any compensation for pain and suffering or mental anguish in a claim against your employer.

The LHWCA Third-Party Negligence Claim: A Critical Exception

While the LHWCA prevents you from suing your employer, it preserves your right to file a separate personal injury lawsuit against a negligent third party. This is an extremely important right that can allow an injured harbor worker to recover damages, including pain and suffering, that are not available through the LHWCA system. A “third party” is any person or company, other than your direct employer, whose negligence caused your injury, such as a different contractor, a vessel owner, or an equipment manufacturer. An experienced maritime attorney will always investigate the possibility of a third-party claim in any LHWCA case.

The “Gray Zone”: Complex Cases

The line between a seaman and a harbor worker is not always clear. Explore these common complex scenarios where an expert legal opinion is vital.

In these ambiguous cases, an employer will almost always try to classify the worker under the LHWCA, as it is far less expensive for them. An experienced attorney will analyze every detail of your work history to determine your true legal status and fight for the classification that provides you with the greatest possible benefits.

Frequently Asked Questions

Your Status Determines Your Strategy.

Misclassifying your claim can mean losing out on the full compensation you deserve. The facts of your daily work, not your job title, determine your rights.

Don’t guess. Get a free, expert analysis of your case.

Call [Phone Number] Now

The Jones Act vs. The LHWCA: A Maritime Worker’s Complete Guide to Injury Rights

You were injured working on the water, but are you a “seaman” or a “maritime worker”? The answer to that single question can change everything about your injury claim, the benefits you can receive, and the course of your family’s future. Navigating the aftermath of a maritime injury is a confusing and stressful ordeal, made even more complex by a web of federal laws that seem to overlap and contradict one another. Two of the most important, and most frequently confused, of these laws are the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).

This guide is designed to be the definitive resource to clarify this confusion. We will provide a deep, comprehensive dive into both laws, breaking down exactly who they cover, the types of benefits they provide, and the legal processes they involve. Understanding which of these two critical maritime laws applies to your situation is the first and most important step toward protecting your rights and securing the compensation you deserve. One path leads to a federal workers’ compensation system, while the other opens the door to a personal injury lawsuit where you can recover a full range of damages. Choosing the wrong path, or having your employer misclassify you, can be a devastating mistake.

Before we begin our in-depth analysis, here is a high-level comparison to give you a quick overview of the fundamental differences.

[Insert Simple Comparison Table: Jones Act vs. LHWCA - columns for "Who's Covered," "Basis for Claim," "Type of Benefits," "Lawsuit Type"]

At Houston Maritime Attorney, our entire practice is dedicated to helping injured maritime workers navigate these complex legal waters. We have spent years fighting for seamen and harbor workers, ensuring they are correctly classified and receive the maximum compensation available under the law.

Confused about your rights? Your job title doesn’t determine your legal status—the facts of your case do. Call our experienced maritime attorneys now for a free, confidential consultation to determine which law protects you. Call [Phone Number].

A Deep Dive into the Jones Act: The Seaman’s Lifeline

The Merchant Marine Act of 1920, commonly known as the Jones Act, is one of the most powerful legal protections afforded to any worker in the United States. It is a federal law that recognizes the unique and often perilous nature of working at sea and provides a legal remedy for “seamen” who are injured due to the negligence of their employer or fellow crew members. It is, in essence, the seaman’s lifeline when they are hurt in the service of a vessel.

The law was passed to overturn an archaic Supreme Court ruling that prevented seamen from suing their employers for negligence. Congress recognized that seamen, by the nature of their work, are constantly exposed to dangers far beyond those of a land-based employee. They face the unpredictable forces of the sea, work with heavy and dangerous equipment, and are under the complete control of the vessel’s master, often thousands of miles from home. The Jones Act was created to provide a robust system of justice for these dedicated workers.

The Crucial Question: Are You a “Seaman”?

This is the single most important question in any Jones Act case, and its answer is far more complex than a simple job title. You could be a cook, an engineer, a deckhand, or a steward—your title doesn’t matter. What matters is your connection to a vessel. The Supreme Court established a three-part legal test (often called the “Griggs test” after the case that defined it) to determine seaman status:

1. Your duties must contribute to the function of the vessel or the accomplishment of its mission. This is a very broad requirement. You don’t have to be navigating the ship. If your work serves the vessel’s purpose in any way—from cooking meals for the crew to maintaining the engines to handling lines on deck—you meet this part of the test.
2. You must have a connection to a “vessel in navigation.” A “vessel” includes almost any craft capable of moving on water, such as tankers, cargo ships, tugboats, barges, supply boats, dredges, and even movable offshore drilling rigs like jack-up rigs and drillships. “In navigation” means the vessel is afloat, in operation, and capable of moving, even if it is temporarily docked.
3. Your connection to the vessel (or an identifiable fleet of vessels under common ownership) must be substantial in both its duration and its nature. This is the most heavily litigated part of the test. It means you can’t be a temporary passenger or a one-day contractor. You must spend a significant amount of your work time (a general rule of thumb is 30% or more) aboard the vessel, exposing you to the “perils of the sea.”

Examples of workers who are typically considered Jones Act seamen include:

• Crew members on tankers, container ships, and cruise ships
• Deckhands, mates, and captains on tugboats and push boats
• Engineers, oilers, and maintenance workers
• Crew on commercial fishing vessels
• Workers on movable offshore platforms, like jack-up rigs and drillships
• Stewards, cooks, and other service personnel aboard a vessel

Examples of workers who are generally NOT considered seamen:

• A scientist who comes aboard for a single day to conduct a survey
• A repairman hired to fix a specific piece of equipment while the vessel is in port
• Workers on fixed platforms that are permanently attached to the ocean floor

The Basis of a Jones Act Claim: Proving Negligence

The Jones Act is a fault-based system. This means that to win your case, you or your attorney must prove that your employer’s negligence played a role in causing your injury. However, the Jones Act provides a huge advantage for seamen: the burden of proof is “featherweight.”

This is the easiest standard of proof to meet in the entire American legal system. You do not need to prove that your employer’s negligence was the primary cause of your injury. You only need to show that their negligence played any part, no matter how small, in bringing about the injury. If the employer’s unsafe practice or failure to act contributed even 1% to your accident, they can be held 100% liable for your damages.

Common examples of employer negligence that can lead to a successful Jones Act claim include:

• Failure to provide a reasonably safe place to work
• Failure to provide proper and safe equipment (e.g., providing worn-out ropes or faulty tools)
• Inadequate training of the crew
• Failure to implement or enforce safety procedures
• Slippery decks due to oil, grease, or other substances
• Ordering a seaman to work in dangerous weather conditions
• Requiring crew members to work excessively long hours, leading to fatigue
• Assault by a fellow crew member

The Power of an “Unseaworthiness” Claim

In addition to a negligence claim under the Jones Act, an injured seaman has another powerful legal tool: a claim for “unseaworthiness.” This is a separate claim rooted in general maritime law that can be brought alongside the Jones Act claim.

Unseaworthiness is a form of strict liability, meaning it is a “no-fault” claim against the vessel owner. You do not need to prove the vessel owner was negligent or knew about the unsafe condition. You only need to prove that the vessel, or any part of its equipment or crew, was not reasonably fit for its intended purpose, and that this condition caused your injury.

The duty to provide a seaworthy vessel is “absolute and non-delegable.” A vessel can be deemed unseaworthy for a vast number of reasons, including:

• Defective or broken equipment: Faulty winches, broken ladders, frayed cables, missing safety guards on machinery.
• Inadequate crew: Not having enough crew members to perform a task safely, or having an incompetent or improperly trained crew.
• Lack of proper safety equipment: Missing life vests, fire extinguishers, or other essential safety gear.
• Unsafe design: A poorly designed gangway or a ladder that is too steep.
• Persistent unsafe conditions: Decks that are constantly slippery with oil or tripping hazards that are not addressed.

Damages Available Under the Jones Act: The Path to Full Recovery

This is where the power of the Jones Act truly lies. Unlike a workers’ compensation system that provides only scheduled, limited benefits, a successful Jones Act claim allows an injured seaman to recover a full and fair range of damages, designed to make them “whole” again. These damages include:

• Past and Future Medical Expenses (“Cure”): The full cost of all necessary medical treatment, from the initial emergency room visit to any future surgeries, rehabilitation, or long-term care you may need.
• Lost Wages and Loss of Future Earning Capacity: Not just the wages you have lost while out of work, but the full amount of wages, benefits, and promotions you would have reasonably earned over the course of your entire career had you not been injured.
• Pain and Suffering: Compensation for the physical pain, discomfort, and trauma you have endured.
• Mental Anguish: Compensation for the emotional distress, anxiety, depression, and loss of enjoyment of life resulting from the injury.
• Disfigurement: Compensation for any scarring or physical disfigurement caused by the accident.
• Maintenance: A daily stipend to cover your basic living expenses (room and board) while you are recovering and unable to work.

This ability to recover a full spectrum of damages, particularly for pain and suffering and lost future earning capacity, is the most significant advantage of a Jones Act claim and is why it often results in substantially higher compensation than an LHWCA claim.

[Insert Image: Photo of a seaman on the deck of a supply boat.]

Understanding the LHWCA: Protection for Land-Based Maritime Workers

While the Jones Act protects workers who go to sea, Congress recognized that another group of maritime workers faced similar dangers but were left in a legal gray area. These are the men and women who work on and around the waterfront—loading and unloading vessels, building and repairing ships, and working on docks and in terminals. They are not “seamen,” but they are also not typical land-based workers. To fill this gap, Congress passed the Longshore and Harbor Workers’ Compensation Act (LHWCA) in 1927.

The LHWCA is a federal workers’ compensation system. It is designed to provide prompt and certain medical and wage-loss benefits to maritime workers who are injured on the job but do not qualify for the Jones Act. It is a compromise: the worker gives up the right to sue their employer for negligence in exchange for a no-fault system that provides immediate benefits.

The Crucial Question: Who Does the LHWCA Cover?

Just like the Jones Act has its test for seaman status, the LHWCA has a two-part test to determine eligibility. A worker must satisfy both a “status” test and a “situs” test.

1. The Status Test: Are you a “maritime employee”? The LHWCA covers employees engaged in maritime employment. The law specifically lists several categories of workers, including:
   • Longshoremen: Workers who load and unload cargo from vessels.
   • Ship-repairers and Ship-builders: Mechanics, welders, electricians, and other tradesmen who build, repair, or dismantle vessels.
   • Harbor Construction Workers: Workers who build docks, piers, wharves, and other structures over the water.
   • Any other person engaged in maritime employment. This is a broad category that can include many other types of dockworkers and terminal employees.
2. The Situs Test: Where did the injury occur? The injury must occur on, near, or adjacent to the “navigable waters of the United States.” This includes places like:
   • Docks, piers, and wharves
   • Terminals and shipping yards
   • Dry docks and marine railways
   • Any adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel.

The situs test has been expanded over the years to include areas that are not directly on the water but are part of the maritime industrial complex.

A Note on the Outer Continental Shelf Lands Act (OCSLA): The LHWCA also extends its coverage to workers on fixed offshore platforms on the Outer Continental Shelf. The OCSLA specifically adopts the LHWCA to provide benefits for these offshore energy workers who are not Jones Act seamen.

The Basis of an LHWCA Claim: A No-Fault System

The most fundamental aspect of the LHWCA is that it is a no-fault system. This is a critical difference from the Jones Act.

Under the LHWCA, you do not need to prove that your employer was negligent or at fault in any way. You only need to demonstrate that you were injured while performing your job duties at a location covered by the act. It doesn’t matter if the accident was caused by your own mistake, a co-worker’s error, or just a freak accident. If you were hurt on the job, you are entitled to benefits. This provides a faster and more certain path to receiving medical care and wage replacement benefits.

Benefits Available Under the LHWCA

While the LHWCA provides certain and prompt benefits, the range and amount of compensation are generally more limited and “scheduled” than what is available under the Jones Act. The primary benefits include:

• Payment of All Necessary Medical Expenses: The LHWCA covers all reasonable and necessary medical treatment related to your work injury from a doctor of your choice (though there are some rules about notifying your employer).
• Disability Benefits: This is the wage-replacement portion of the benefits. You are entitled to receive two-thirds (66.7%) of your average weekly wage while you are disabled from working. The LHWCA has four categories of disability:
  • Temporary Total Disability (TTD): You are completely unable to work, but your condition is expected to improve.
  • Temporary Partial Disability (TPD): You can perform some light-duty work, but you earn less than your pre-injury wage.
  • Permanent Total Disability (PTD): You are completely and permanently unable to return to any gainful employment.
  • Permanent Partial Disability (PPD): You have a permanent impairment from your injury, but you are still able to work in some capacity.
• Scheduled Awards: For permanent injuries to specific body parts (like an arm, leg, hand, eye, or hearing loss), the LHWCA provides a “scheduled” award. The law has a schedule that lists the number of weeks of compensation you receive for the loss or loss of use of that body part, regardless of its actual impact on your future wages.
• Vocational Rehabilitation: Services to help an injured worker return to the workforce, potentially in a new career.

Crucially, the LHWCA does not provide any compensation for pain and suffering or mental anguish in a claim against your employer.

The LHWCA Third-Party Negligence Claim: A Critical Exception

While the LHWCA prevents you from suing your employer, it preserves your right to file a separate personal injury lawsuit against a negligent third party. This is an extremely important right that can allow an injured harbor worker to recover damages, including pain and suffering, that are not available through the LHWCA system.

A “third party” is any person or company, other than your direct employer, whose negligence caused your injury. Examples include:

• A Vessel Owner (if you are not their employee): If you are a longshoreman injured by a faulty crane on a vessel you are unloading, you can sue the vessel owner for negligence and unseaworthiness.
• Another Contractor: If you are injured by the negligence of a different company’s employee working at the same terminal.
• An Equipment Manufacturer: If your injury was caused by a defective piece of equipment, you can file a product liability lawsuit against the manufacturer.

A successful third-party lawsuit can allow you to recover the full range of damages, including pain and suffering, similar to a Jones Act claim. An experienced maritime attorney will always investigate the possibility of a third-party claim in any LHWCA case.

[Insert Image: Photo of a longshoreman at a busy port.]

The Ultimate Showdown: Key Differences Between LHWCA and Jones Act

Now that we have explored each law individually, let’s put them side-by-side to highlight the critical differences that will determine the course of your injury claim. Understanding these distinctions is essential, as your legal status dictates your rights, your remedies, and your entire legal strategy.

[Insert Comparison Table: Detailed table comparing damages, legal process, and burden of proof for each act.]

H3: The Status Test: The Most Important Distinction

This is the threshold question. Everything flows from whether you are classified as a “seaman” or a “maritime employee.”

• Jones Act (Seaman): The focus is on your connection to a vessel in navigation. Do you owe your allegiance to the ship? Do you face the “perils of the sea”? Your work must contribute to the vessel’s mission, and your connection must be substantial in nature and duration.
• LHWCA (Maritime Employee): The focus is on the type of work you do and the location of your injury. Are you engaged in traditional maritime work like loading, unloading, building, or repairing ships? Did your injury occur on or near navigable waters?

[Insert Infographic: Venn Diagram clearly showing the overlap and differences between Jones Act and LHWCA covered workers.]

H3: The Legal Standard: Negligence vs. No-Fault

This difference dictates the entire basis of your claim.

• Jones Act (Fault-Based): You must prove your employer was negligent. The trade-off for this burden is the potential for a much larger recovery. The “featherweight” standard makes proving negligence easier than in other personal injury cases, but it is still a hurdle you must clear.
• LHWCA (No-Fault): You are entitled to benefits regardless of who was at fault. The trade-off for this certainty is that the benefits are more limited, and you cannot sue your employer for negligence.

H3: Available Compensation: The Damage Showdown

This is often the most significant difference from an injured worker’s perspective.

• Jones Act: Allows for a full spectrum of “tort” damages. This is the only way to recover compensation for the human element of an injury—the pain, suffering, mental anguish, and loss of enjoyment of life. It also allows for recovery of your full lost future earning capacity, not just a percentage.
• LHWCA: Provides for medical care and wage-loss benefits calculated at two-thirds of your average weekly wage. It does not allow for the recovery of pain and suffering damages from your employer. While the scheduled awards provide some compensation for permanent impairment, they are often far less than what a jury might award for a similar injury in a Jones Act case.

H3: The Legal Process: Jury Trial vs. Administrative Hearing

The path to resolving your claim is fundamentally different under each act.

• Jones Act: Your claim is a lawsuit filed in federal or state court. You have the constitutional right to have your case heard and decided by a jury of your peers. This allows your story to be told to a group of ordinary citizens who can award damages based on the evidence.
• LHWCA: Your claim is an administrative process handled through the U.S. Department of Labor. Disputes are not heard by a jury. Instead, they are decided by an Administrative Law Judge (ALJ) in a formal hearing. While this can sometimes be faster, you lose the powerful advantage of a jury trial.

H3: Choice of Doctor

While both acts provide for medical care, the freedom to choose your provider can differ.

• Jones Act: A seaman has the absolute right to choose their own treating physician. Your employer cannot dictate your medical care. This is a crucial right that allows you to get an unbiased medical opinion.
• LHWCA: While you are generally entitled to choose your own doctor, there are more restrictive rules. Your employer can, in some circumstances, request a medical examination with a doctor of their choosing, and disputes over medical care are common.

H3: The “Gray Zone”: When Cases Overlap

The line between a seaman and a harbor worker is not always clear. Many cases fall into a “gray zone” where a worker might qualify for benefits under either act, or where the employer has misclassified them. This is where the expertise of a maritime lawyer is most critical.

• Workers on Fixed Offshore Platforms: As mentioned, these workers are typically covered by the LHWCA through the OCSLA. However, if a worker based on a fixed platform spends a significant amount of time working on a fleet of nearby supply vessels, an argument could be made for Jones Act seaman status.
• Shipyard Workers: A welder working in a fabrication shop is clearly an LHWCA worker. But what if that same welder is assigned to a vessel that is afloat in the water for a two-month repair project? Their status could potentially shift to that of a Jones Act seaman for the duration of that project.
• Divers: Commercial divers often present complex jurisdictional questions. Their status depends on whether they are working from a vessel or a fixed structure, and the nature of their connection to that vessel.

In these ambiguous cases, an employer will almost always try to classify the worker under the LHWCA, as it is far less expensive for them. An experienced attorney will analyze every detail of your work history to determine your true legal status and fight for the classification that provides you with the greatest possible benefits.

Conclusion: Your Status Determines Your Strategy

The differences between the Jones Act and the LHWCA are not minor legal technicalities—they are fundamental distinctions that will shape every aspect of your case. From the type of benefits you can receive to the legal process you must follow, the two laws create entirely different paths to recovery. Determining your correct status as either a Jones Act seaman or an LHWCA-covered maritime employee is the single most important first step in any maritime injury claim.

Making the wrong assumption or allowing your employer to misclassify you can mean leaving hundreds of thousands, or even millions, of dollars on the table. You cannot afford to guess. The facts of your daily work, not your job title, will determine your rights.

Your job title doesn’t decide your legal rights—the facts of your case do. Don’t guess which law protects you. Let the experienced maritime attorneys at Houston Maritime Attorney analyze your case for free and build the right strategy for you. Call [Phone Number] or fill out our online form for your free, confidential case evaluation. Play sprunki phase 28 Anytime, Anywhere!

Part 3: SEO & Technical Instructions

1. Internal Linking:
   • Link to https://houstonmaritimeattorney.org/jones-act-lawyer/
   • Link to https://houstonmaritimeattorney.org/lhwca-lawyer/ (if page exists)
   • Link to https://houstonmaritimeattorney.org/blog/maintenance-and-cure-denied/
   • Link to https://houstonmaritimeattorney.org/contact-us/
   • Link to https://houstonmaritimeattorney.org/about-us/
2. External Linking:
   • Department of Labor’s LHWCA page: https://www.dol.gov/agencies/owcp/dlhwc
   • Cornell Law School’s LII on the Jones Act: https://www.law.cornell.edu/wex/jones_act
   • U.S. Coast Guard Office of Commercial Vessel Compliance: https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC/
3. Schema Markup (JSON-LD):
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   • FAQ Schema:{ "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [{ "@type": "Question", "name": "Can I get pain and suffering damages under the LHWCA?", "acceptedAnswer": { "@type": "Answer", "text": "Generally, no. You cannot sue your employer for pain and suffering under the LHWCA's no-fault system. However, if your injury was caused by the negligence of a third party (like a different company or the vessel owner), you can file a separate lawsuit against that third party to recover pain and suffering damages." } }, { "@type": "Question", "name": "What if I work on an offshore oil rig? Am I covered by the Jones Act or LHWCA?", "acceptedAnswer": { "@type": "Answer", "text": "It depends. Workers on fixed platforms attached to the seabed are typically covered by the LHWCA via the Outer Continental Shelf Lands Act (OCSLA). However, workers on movable vessels like jack-up rigs, drillships, or semi-submersibles are often considered Jones Act seamen. It is a fact-specific determination that requires legal analysis." } }, { "@type": "Question", "name": "Do I need a lawyer for an LHWCA claim?", "acceptedAnswer": { "@type": "Answer", "text": "While the LHWCA is an administrative system, having an experienced maritime lawyer is highly recommended. Insurance companies often try to deny claims, cut off benefits prematurely, or miscalculate your wage benefits. A lawyer can protect your rights, ensure you get the full benefits you are owed, and evaluate any potential third-party claims." } }] }