The Major Difference between the Jones Act Law and the Longshore Act

Last Updated on April 10, 2025 by The Young Firm

As a maritime employee, you may have heard about the different laws that govern your safety at sea. It’s important to know your legal rights, and that includes understanding the different laws that may apply to your specific situation.

Typical workers compensation only applies to injured workers involved in land-based jobs, but there are two similar compensation programs for injured employees in the maritime sector.

An Overview of the Jones Act and the Longshore and Harbor Workers Compensation Act

Jones Act: Applies to “seamen” who have been injured on a vessel due to negligence by another party.

The Longshore and Harbor Workers Compensation Act: Applies to injured workers who work on/near the sea, but are not qualified as “seamen” under the Jones Act.

The main difference between the Jones Act and the Longshore Act is that the Jones Act applies to “seamen,” whereas the Longshore and Harbor Workers’ Compensation Act (LHWCA) covers many other maritime workers such as those who work on docks, piers, terminals, and more. Many workers are unsure of their classification. If injured, your Louisiana maritime lawyer can help you determine which laws apply to you.

Jones Act Eligibility:

The Jones Act covers maritime employees who are considered to be “seamen.” To be considered a seaman, you must work on a vessel on navigable waters. Vessels have a much broader definition than most realize, encompassing nearly any vehicle that is able to move on water (even if this means being pulled by another vessel). This definition includes:

oil rigs;
jack up barges;
shipping boats and more.

If you spend more than 30% of your time at work on a vessel that is able to navigate through the water, you are likely considered a seaman under the Jones Act.

Longshore and Harbor Workers Compensation Act Eligibility:

If you aren’t covered under Jones Act law, your Louisiana maritime lawyer can help pursue a claim under the Longshore and Harbor Workers’ Compensation Act. Coverage is offered to maritime workers who are injured on navigable waters or areas such as:

docks;
piers;
harbors;
terminals;
drydock facilities; and
any other facility adjoining navigable waters used for loading, unloading, repairing or building vessels.

In essence, the LHWCA covers employees that are not necessarily stationed on a specific vessel but spend the majority of their job either on or near vessels.

The Role of Negligence

The Jones Act only applies to maritime workers who are able to prove that negligence caused their injury. Negligence covers a variety of safety violations, including employer negligence, third party negligence, or unseaworthiness of the vessel itself. If your injury was caused by any sort of unsafe working condition, you could receive benefits from a Jones Act claim.

The Longshore and Harbor Workers Compensation act does not require injured workers to prove negligence, or to file a claim against their employer. If an occupational injury is suffered by a maritime worker who is not considered a “seaman”, the Longshore and Harbor Workers Compensation act assures that the employee receives benefits regardless of whether the employer was at fault for the injury.

The Difference in Damages Recoverable

Damages that may be pursued in a Jones Act claim are similar to those in a personal injury claim, while Longshore and Harbor Workers Compensation damages are designed to act more as workers’ compensation benefits.

Another difference is that Jones Act damages are determined by a fault-based system (although maintenance and cure benefits are still available to injured workers regardless of fault), while Longshore Act benefits are determined by the nature of the injury and severity of disability to the employee.

Maintenance and Cure

Maintenance and Cure benefits should be available no matter what type of maritime worker you are. The employer or insurance carrier must pay for your medical treatment until you reach “maximum medical improvement,” meaning that further treatment will no longer help the illness or injury. Aside from medical expenses, your employer must compensate you for life expenses such as housing, food, and utility bills.

If your employer or insurance carrier is dragging their feet, they will not only have to provide compensation through a Maintenance and Cure claim, but they will likely have to pay punitive damages as well.

Jones Act Damages:

For maritime workers filing under the Jones Act, compensation covers a wide range of damages. These damages may include:

Medical Expenses

This covers every aspect of your treatment, from the emergency response immediately after your injury to ongoing care and rehabilitation. Such treatment often includes surgeries, physical therapy, and specialized treatments.

Medical expenses under the Jones Act don’t only include your current medical bills; they include anticipated future costs. A comprehensive approach to medical expenses ensures you don’t shoulder additional costs for injuries requiring long-term care.

Lost Income and Future Wages

When you’re injured, you’ll likely need time off to heal. For some, an injury can be so severe that returning to work is no longer possible. Lost earnings in a Jones Act claim cover the same wages you lose while out of work, but the calculation doesn’t stop there.

Future earnings, or “loss of earning capacity,” addresses income you should have made if you hadn’t been injured. Factors such as your age, experience level, and career trajectory all play a part in determining the value of lost future earnings.

Pain and Suffering

Pain and suffering address the physical pain, mental anguish, and emotional distress you experience after a maritime accident. While no amount of compensation can erase the trauma, pain and suffering damages acknowledge what you’ve endured.

Longshore and Harbor Workers Compensation Act Damages:

Since Longshore and Harbor Workers Compensation is meant to work more like a typical workers compensation program, it is more specific in the damages it covers.

Disability Benefits

Disability benefits compensate workers a percentage of average weekly wages. These are two-thirds of weekly wages prior to the injury if the worker is classified as having “permanent and temporary total disability,” and two-thirds weekly lost income if classified as “temporarily partially disabled.”

A permanent partial disability is compensated based on a schedule outlined in the LHWCA. Injured workers may also recover benefits for medical treatment for the injury and even vocational rehabilitation services.

Death Benefits

The Longshore and Harbor Workers Compensation Act provides death benefits to a worker’s surviving spouse and dependents if the worker is killed on the job. These survivor benefits compensate the spouse at a rate of 50 percent of the worker’s average weekly wage for a lifetime, or until the spouse remarries. It also provides up to $3,000 in funeral expenses.

Victims or their families who struggle to recover fair compensation based on the injury may seek consultation from a Louisiana Jones Act lawyer who can help workers with such claims.

Limits to Compensation Payments

Damages under the LHWCA are limited to 66 2/3 percent of average weekly wages for as long as the injury lasts, with maximum compensation up to 200 percent of the current national average weekly wage.

Determining Which Act Covers Your Maritime Injury Case

If you are unsure how your employment is classified under the Jones Act definition of “seaman” or the LHWCA definition of “adjoining navigable waters” you have the option to consult a Louisiana maritime lawyer for guidance. Your attorney should be an expert in both the Jones Act and the Longshore and Harbor Worker’s Compensation, so that they can help you pursue whichever claim fits best.

More Resources on the LHWCA: