When workers are injured in the employment environment, they usually have the right to claim workers’ compensation for any damages that they suffered. However, if you are an injured sea or river worker, you will probably not have the same privileges. This is because the sea and river workers are subject to maritime law, which includes the Jones Act.
Employees at sea, otherwise known as seamen, are defined as workers who spend at least 30% of their work time on a vessel in navigation. These workers do not have workers’ compensation protections. However, through the Jones Act, they have the right to take action against their employer for their injuries.
How are protections offered in the Jones Act different to workers’ compensation?
Workers’ compensation offers the coverage of medical bills and compensation for a portion of lost wages to injured employees. These injured employees do not need to prove that their employer was at fault for their injury. They only need to show that the injury occurred at work and that it did not occur as a result of horseplay.
However, the Jones Act requires that injured employers prove negligence on the part of their employer. They may argue that the injury was caused by insufficient training or poorly maintained equipment. They may also argue that their employer was negligent in some way. If they can successfully prove fault, they may be entitled to significant compensation.
If you have been injured as a river worker in Kentucky, it is important that you act quickly so that you can get the compensation you deserve.