Workers’ compensation is different from the Jones Act in a few key ways. For one, maritime employees can secure more compensation under the Jones Act than under workers’ compensation. Workers’ compensation only provides an employee with 2/3 of their wages and medical payments over a particular time period. Under the Jones Act, however, an employee can recover damages as a result of their workplace injury. These damages can include the total amount of lost wages, past and future medical expenses, as well as pain and suffering.
Another key difference is that unlike workers’ compensation claims, Jones Act claims for personal injury or wrongful death require the employee to show that the employer acted negligently. Basically, this means that the employer must have contributed to the injury in some way. The employee must be able to show negligence in order to receive the types of damages described above. This makes it very important that maritime employees who may have a Jones Act claim contact an attorney to discuss their injury as soon as possible.