Is it Longshore or Jones Act?

Longshore Harbor Workers Compensation Act (LHWCA), Section 905(b), allows a maritime worker covered by the Longshore Harbor Worker Compensation Act to pursue a claim against a vessel for injuries caused by negligence on the part of the vessel, owner, agent, operator, charter, master, officer, or crew member.

Section 905 (b) provides that in the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person may bring an action against such vessel as a third party. The employer shall not be liable to the vessel for such damages directly or indirectly and any agreements or warranties to the contrary shall be void.

Individuals working for contractors providing offshore services whose assignments take them onto a variety of vessels not under common ownership do not qualify as seamen because they lack the substantial connection to a vessel or fleet of vessels. These individuals are often covered under the Longshore Harbor Worker Compensation Act and are entitled to receive weekly compensation and medical benefits. The Longshore Harbor Worker Compensation Act (LHWCA) serves as the exclusive remedy of a longshoreman or harbor worker against their employer regardless of fault or negligence. However, if the worker is injured due to an unsafe condition on a vessel to which he is assigned, or due to the negligence on the part of that vessel, the worker may bring a negligence action under Section 905(b) of the Longshore Harbor Worker Compensation Act. Furthermore, the Longshore Harbor Worker Compensation Act employer shall not be held liable to the vessel for claims pursued by an injured employee. Longshore Harbor Worker Compensation Act employers have a right of subrogation for amounts paid to the injured worker to satisfy the employer’s duty.

Section 905(c) outlines an exception to the prohibition against indemnity agreements between Longshore Harbor Worker Compensation Act employers and vessels. It does not void certain indemnity contracts between Longshore Harbor Worker Compensation Act employers and vessels operating on the Outer Continental Shelf

Section 905(c) provision applies to employers whose employees are entitled to benefits under the Longshore Harbor Worker Compensation Act pursuant to the Outer Continental Shelf Lands Act (“OCSLA”). The provision is a reciprocal indemnity provision of a knock for knock agreement. Basically in this scenario, the employer and the vessel owner each agree to pay for claims against the other brought by their respective employees. In this event, the employee, working on the Outer Continental Shelf, who is injured on a vessel that has an indemnity agreement with the Longshore Harbor Worker Compensation Act employer, has no real chance for recovery against the vessel for its negligence in causing injury to the worker because the employer is ultimately paying the injury claim.

In addition to the 905(b) negligence claim against vessels for injuries sustained by workers covered under the Longshore Harbor Worker Compensation Act, the injured employee may also bring a claim against a responsible non-vessel third party in tort for damages arising from the injury. However, in the case of non-vessel owners, injured workers may run into situations where the Longshore Harbor Worker Compensation Act employer has contractually agreed to indemnify the non-vessel party for any claims asserted by a maritime employee.

Let Us Help You

Call the lawyers and attorneys at the Ogletree Abbott Law Firm at 1-800-JonesAct for more information on how to determine whether your claim falls under the Longshore Harbor Worker Compensation Act (LSHWA) or under the Jones Act. There can be a big difference in the amount of your settlement. Jones Act settlements are usually much more than Longshore Harbor Worker Compensation Act settlements.