The Jones Act and the Longshore Act—also known as USL&H—both seek to protect maritime workers when they’re injured on the job. However, each act focuses on a specific group of people, so if you’re a maritime worker, you will either qualify for one or the other.
What is USL&H, and what is the difference between USL&H and Jones Act? Find out a little about each act to determine which one might apply to you.
What Is Jones Act Coverage?
The Jones Act was created to ensure that the captain and crew members of a ship—or seamen—have coverage if they’re injured on the job. To qualify as a seaman who gets Jones Act coverage, you must be on a vessel for 30 percent or more of your time at work. If you’re wondering what exactly counts as a vessel, it’s typically anything from a shipping boat to an oil rig. This admiralty jurisdiction typically determines whether you fall under Jones Act protections.
If you spend sufficient time at work on a vessel, and you were injured as a result of negligence on the part of your employer, you might have a Jones Act claim on your hands. At this point, you need to contact an experienced Houston offshore injury lawyer, such as Richard Schechter, to find out if you qualify and how you can file a claim.
What Is USL&H Coverage?
USL&H stands for the United States Longshore and Harbor Workers Compensation Act. It basically acts as workers’ compensation for maritime employees. This coverage is necessary because maritime workers are not typically eligible for workers’ compensation from the state since they work on navigable waters.
At the same time, many maritime workers are not eligible for the Jones Act, either, because they aren’t considered seamen who work on a vessel during most of the workday. For example, people who work on piers, docks, wharves, terminals, or any other platforms on the coast may be maritime workers, but they’re not seamen. As such, they don’t qualify for Jones Act coverage and should contact The Law Office of Richard Schechter, P.C. to find out if they can file a claim under USL&H coverage.
What Is the Difference Between USL&H and Jones Act?
Now you know both the Jones Act and USL&H are meant to protect maritime workers as they work on or by the sea. But what is the difference between USL&H and Jones Act?
One of the main differences is that those covered by the Jones Act have a lawsuit available against their employer for negligence, and the right to a jury trial to determine the outcome. This is similar to a personal injury claim. On the other hand, USL&H is more like a traditional workers’ compensation system in that you don’t have to prove negligence to get the compensation you deserve, but your claim is handled in an administrative system with no right to a jury trial.
The damages you might receive from each are also different. With the Jones Act, you have a chance of getting compensation for medical expenses, pain and suffering, loss of wages in the past and future, loss of quality of life and more. Meanwhile, USL&H coverage limits you to compensation for medical expenses and a portion of your lost wages, and typically nothing more.
An additional difference between the two is that the Jones Act covers seamen while USL&H coverage applies to maritime workers who are not considered seamen.
If you have additional questions, such as “what is a Jones Act claim?” or “what is USL&H exactly?” it’s time to talk to a Houston maritime lawyer. Please contact The Law Office of Richard Schechter, P.C. today to set up a free consultation to find out which coverage applies to you.
