Do Shipping Workers Qualify for Workers’ Comp?

Workers in Portland’s maritime shipping industry who are injured on the job need to understand their legal rights and options for seeking financial compensation for their injury – including whether they have the option to file a claim for workers’ compensation benefits from their employer.

If you’ve been injured in a maritime accident, contact Jodie Anne Phillips Polich, P.C. today for a free case evaluation to learn more about how our experienced Portland workers’ compensation attorney can help you. Having served on the Oregon Workers’ Compensation Board, Jodie has the knowledge and experience necessary to thoroughly pursue your legal rights and help you secure the benefits you need and deserve.

What Is Maritime Workers’ Compensation?

Unlike most other lines of work, Oregon state law does not govern maritime workers’ compensation. Instead, maritime workers’ compensation falls under federal law.

Specifically, the Longshore and Harbor Workers’ Compensation Act (LHWCA) establishes compensation, medical care, and vocational rehab services that maritime workers can receive after suffering on-the-job injuries while in U.S. navigable waters or ports, docks, drydocks, and shipyards. The LHWCA requires the employers of maritime workers to provide the benefits established under the statute.

What Is the Jones Act?

Seamen represent a class of maritime workers that the LHWCA does not cover. Instead, another federal statute called the Jones Act applies to seamen. A seaman includes any person who spends a significant portion of their duties working as a crew member aboard a vessel while underway.

The Jones Act gives seamen injured in the course of their duties the right to sue their employers for negligence that caused their injuries.

The Jones Act requires employers and vessel owners to provide seamen a safe workplace and to exercise ordinary care to maintain vessels in safe and seaworthy condition. Any unsafe condition that leads to a seaman’s injury can give rise to liability under the Jones Act.

Differences Between Workers’ Comp and the Jones Act

The Jones Act differs from workers’ compensation because a claim under the Jones Act requires an injured seaman to prove that their employer’s negligence or the vessel owner’s negligence caused their injury.

On the other hand, workers’ compensation – including maritime workers’ compensation under the LHWCA – is available to an eligible employee for any work-related injury or occupational illness, regardless of whether the employer bears any legal fault for causing the injury or illness.

Maritime Workers’ Compensation for ‘Other’ Maritime Workers

Examples of maritime workers who are typically entitled to workers’ compensation under the LHWCA include:

• Longshoremen
• Harbor workers
• Dockworkers
• Shipyard workers

Benefits Under the Longshore Act

Injured maritime workers may be entitled to benefits under the LHWCA, including:

• Payment of reasonable and necessary medical treatment for the work-related injury
• Partial wage replacement is equal to two-thirds of the worker’s pre-injury average weekly wage for the time they miss from work while recuperating, or missed income if they return to part-time work
• Permanent partial disability benefits based on the type and severity of disability
• Permanent total disability benefits equal to two-thirds of the pre-injury average weekly wage, continuing so long as the total disability continues
• Vocational rehabilitation if the worker can be retrained to perform another job within their medical limitations

Contact Our Experienced Oregon Maritime Workers’ Compensation Lawyer

If you work in maritime shipping and have suffered an injury on the job, call Jodie Anne Phillips Polich, P.C., or contact us online today for a free initial consultation with a knowledgeable Portland workers’ compensation lawyer. Learn about the next steps you can take to pursue benefits and recovery after suffering a workplace injury.