If you’re a maritime worker injured on the job, navigating the complex landscape of compensation claims can be daunting. Two primary options exist: maritime law and workers’ compensation. While both provide financial support, they differ significantly in requirements, benefits, and application.
(Read our Workers Compensation FAQ)
Maritime Law: A Unique Framework
Maritime law, also known as admiralty law, governs maritime activities, including worker injuries. This framework provides broader protections and benefits than traditional workers’ compensation.
Workers’ Compensation: State-Specific Benefits
Workers’ compensation is a state-specific insurance program covering employees injured on the job. Benefits vary by state but typically include:
- Medical expenses
- Lost wages
- Rehabilitation costs
Key Differences: Maritime Law vs. Workers’ Compensation
- Jurisdiction: Maritime law applies to injuries occurring on navigable waters or connected to maritime activities. Workers’ compensation is state-specific.
- Eligibility: Maritime law covers crew members, longshoremen, and harbor workers. Workers’ compensation applies to most land-based employees.
- Benefits: Maritime law provides more comprehensive benefits, including:
- Maintenance and cure (living experience and medical care
- Lost wages and earning capacity
- Pain and suffering
- Punitive damages (in some cases)
- Claim Process: Maritime law requires filing a claim within three years, while workers’ compensation typically has a shorter statute of limitations.
- Fault and Liability: Maritime law often holds employers strictly liable for injuries. Workers’ compensation is a no-fault system.
Which Applies to You?
Determining whether maritime law or workers’ compensation applies depends on:
- Job duties and location
- Type of injury
- Employer’s status (e.g., vessel owner, shipping company)
Consult an Experienced Attorney
Navigating the complexities of maritime law and workers’ compensation requires expert guidance. Consult with a seasoned personal injury attorney to:
- Determine the applicable law
- File a claim
- Maximize benefits
Conclusion
Maritime law and workers’ compensation serve distinct purposes. Understanding the differences ensures you receive the benefits you deserve.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.