Free Case Evaluation

Those maritime workers who are not considered ‘seaman’ are generally covered under the Longshore and Harbor Workers’ Compensation Act. It is a comprehensive workers' compensation scheme for maritime workers and fills a gap that exists between the Jones Act, which protects seamen, and state workers' compensation, which cover injuries occurring within a particular state, but not usually on navigable water. A worker who is injured on a pier, wharf, dry dock or terminal can be compensated under the Act which provides benefits including medical, death, disability and rehabilitation services that resulted from an injury on the job. Injured parties generally have 30 days to file a claim.

Onshore vs. offshore injuries

Onshore and offshore injuries are exactly what you might expect. An onshore injury occurs when you are on shore and an off shore injury occurs when you are at sea. However, sometimes the difference isn’t so clear. Platforms, such as those used to drill for oil at sea, can be either on shore or offshore depending upon how the platform is secured. If it is merely anchored (not securely attached to the earth), it is generally considered off-shore. However, if it is attached to the earth more securely (by piling which are secured to the ocean floor), it is generally considered to be on-shore.

Why is the difference important?

As any qualified maritime attorney will tell you, the important difference between onshore and offshore injuries lies in the type of claim to be filed. Off shore injuries may involve the Jones Act, which might allow the injured seaman to collect larger damages. Onshore injuries are likely to be subject to the Longshore Compensation program – a part of workers’ compensation, so damages may be more limited.

Thomas Stolpman, a partner with Stolpman, Krissman, Elber & Silver in California explained, “A maritime lawyer will be able evaluate their situation and determine whether they are entitled to workers’ compensation benefits (under the Longshore and Harbor Workers’ Compensation Act) and whether or not they have a lawsuit against the company under the Jones Act or another theory of maritime law. Maritime law is a very specialized field. General practice attorneys may not fully understand the theories of law that are applied in these types of cases. When seeking a qualified attorney, it’s important to not only ask them about their experience in maritime cases, but to inquire into their trial experience as well.”