What is the difference between the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Jones Act?
The difference between the Longshore and Harbor Workers’ Compensation Act and the Jones Act are that they are separate federal statutes giving rights and remedies to separate categories of individuals. The Longshore and Harbor Workers’ Act provides a statutory remedy scheme to maritime workers who are generally based ashore. It is a strict liability cause of action similar to a traditional worker’s compensation claim.
The Jones Act, on the other hand, only applies to crew members that are sailing with the vessel. Crew members that are permanently assigned to a vessel or identifiable fleet of vessels sailing in navigation. And unlike the Longshore and Harbor Workers’ Compensation Act, which is a strict liability for the employer, a Jones Act crew member must prove negligence on the part of his employer to obtain a recovery.