Employees Who Are Considered Maritime Workers

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Working near rivers, bayous, canals, and the Gulf of Mexico is a unique job, but it comes with serious risks. Special laws in place under Federal law are intended to protect people who work on or around water. But not everyone working on or close to water is considered a maritime worker under Federal law. Let’s try to understand the classification of a maritime worker and why that designation matters.

What Makes Someone a Maritime Worker?

A maritime worker is someone whose work involves ships or other types of boats on navigable waters, including rivers, bayous, canals, and the Gulf of Mexico and its adjoining waters along the coast. Maritime workers are often exposed to hazards unique to the water environment, which makes them eligible for special protections under certain laws like the Jones Act, the General Maritime Law and the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Who Qualifies as a Maritime Worker?

There are many kinds of jobs that fall under the category of maritime worker. The following are some of the most prominent:

• Seamen and Crew Members: This refers to employees assigned or to be assigned to vessels including boats, tug boats, supply boats, ships, or oil rigs and spend at least 30% of their time on board in the service of the vessel. These workers are protected by the Jones Act and the General Maritime Law , which allows them to seek compensation for injuries caused by employer negligence or unseaworthy conditions aboard the vessel.
• Longshoremen and Dock Workers: Workers who load, unload, or handle cargo on docks and other areas along the water qualify for protections under the LHWCA. If they suffer injury in employment on vessels but do not have the necessary connection to be considered a Jones Act seaman, they will probably be considered maritime workers entitle to the protections under the LHWCA
• Harbor Employees and Shipyard Laborers: Employees who repair, build, or dismantle ships may work in shipyards or dry docks, but still qualify for LHWCA protections, even if they do not work on the water.
• Offshore Oil and Gas Workers: Employees working on fixed offshore oil platforms or deep-water Spars that are at varying distances from the coasts of the adjacent state(s) are covered under the Outer Continental Shelf Lands which incorporates the LHWCA. Their eligibility for specific protections depends on factors like work location and whether the structure they work upon can be considered a vessel or not

Why Maritime Status Matters When You Are Injured

If you are a worker protected under the Jones Act and General Maritime Law and you are injured at work, you can take your employer to court for ignoring safety measures. The Jones Act provides potentially more benefits as compared to standard workers’ compensation. Workers safeguarded by LHWCA receive benefits that are akin to usual workers’ compensation – but tweaked specifically with maritime conditions in mind.

Call Kopfler and Hermann to Protect Your Rights as a Maritime Worker

If you or any of your loved ones have been hired into a maritime position and experience an injury while on the job, talk to an experienced maritime attorney as soon as possible. Complex maritime laws require specific knowledge, and an attorney can guide you through your options, ensure that you qualify for the appropriate protections, and help you recover what you deserve.