pi_circular Insurance & claimsCompliance & regulation Skuld
Credit to: Wan Fahmy Redzuan / Shutterstock.com In the February edition of The Field, we discussed crew risks in the offshore environment. While the principles set out in that article are of universal application, when it comes to dealing with claims from US maritime workers, there is an additional layer of complexity with an assessment having to be made of the category of legislation into which the worker falls. Legal background US Offshore maritime workers who are injured on the job are covered by general maritime law and two specific compensation laws: The Jones Act and the Longshore and Harbor Workers' Compensation Act (LHWCA). These two compensation schemes have three key differences: Jones Act LHWCA Fault Fault or negligence of employer or crew must be proved Right to compensation regardless of fault Oversight Not overseen by state or federal agency – presented in and decided by court Worker's compensation claims are handled by a state or federal agency Scope of compensation Payments usually higher and more expansive, covering things such as medical care, loss of wages, loss of earning capacity and fringe benefits, pain and suffering, disfigurement and more Compensation payments are designed to provide for medical care, disability payments and income benefits to the injured employee, replacing money the worker is losing because of an injury or illness As a result of the more expansive compensation available under the Jones Act, when an offshore maritime worker is injured on navigable waters, the question frequently arises as to whether the injured worker is a "seaman" working aboard a "vessel" for purposes of the Jones Act. To qualify as a seaman under the Jones Act, a worker must demonstrate, among other things, that they have a connection to a vessel in navigation or an identifiable group of such vessels that is substantial in terms of both its duration and its nature. What constitutes a Jones Act vessel? The US Supreme Court defined the term "
A guide to US crew claims
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