The Jones Act and Longshore and Harbor Workers’ Compensation Act (LHWCA) are two acts with mutually exclusive coverage. Knowing which act you are eligible for can be confusing if you are a maritime employee and have been injured on a vessel or around a vessel. Whether you’re involved in an accident at sea or become injured on land, you could receive compensation for any pain or suffering.
Louisiana workers who are eligible for workers' compensation benefits are not required to prove much above whether the accident occurred at work and in the performance of work duties. However, for seamen who fall under the Jones Act instead of workers' compensation, the situation is a bit more complex. Injured seamen do need to meet a certain burden of proof in order to receive compensation for their injuries.
Getting injured on the job is never the ideal situation. For anyone. Then, when your employment situation has a lot of different levels, things starts to get complicated very fast. You're working in a government area and those are the people who supervise your work, but your paycheck comes from the agency that contacted you about the job.
Most seafarers know that if they suffer injuries while working on Louisiana's navigable waters, they can turn to either the Jones Act or the Longshore and Harbor Workers Act for compensation. What about the families of those seamen who lose their lives while performing their duties? In that case, qualified family members may turn to the Death on the High Seas Act, which is another part of admiralty and maritime law enacted to protect seamen and their families.