When maritime workers are injured on the job, the biggest question is: Do I qualify as a seaman under the Jones Act, or does my case fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA)? The difference matters—your rights, benefits, and compensation depend on which law applies. At Gilman & Allison, LLP, our attorneys have spent decades handling these cases across the Gulf Coast, helping clients from Port Houston to Corpus Christi get the justice they deserve.
What is the Jones Act?
The Jones Act protects seamen who spend a substantial amount of their work time aboard a vessel in navigation. If your duties contribute to the mission of the vessel—whether it’s a tugboat, barge, supply vessel, or offshore rig—you may qualify as a seaman.
Key Benefits of a Jones Act Claim:
- Right to sue your employer for negligence
- Compensation for lost wages, medical bills, and pain & suffering
- Coverage under “maintenance and cure” while you recover
What is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
The LHWCA provides benefits to maritime workers who are not classified as seamen but who still work in connection with maritime commerce. This includes longshoremen, harbor workers, crane operators, and dockworkers injured while loading or unloading ships, repairing vessels, or working on terminals and ports.
Key Benefits of an LHWCA Claim:
- Wage replacement and medical care through a federal compensation system
- No need to prove employer negligence
- Benefits for injured workers at shipyards, terminals, and docks
Jones Act vs. LHWCA: Which One Applies?
The line between a seaman and a longshore worker isn’t always clear. Courts often look at:
- Where you spend your time – Do you spend more than 30% of your time on a vessel?
- Your duties – Do your responsibilities contribute to the mission of a vessel in navigation?
- Work location – Were you hurt offshore, on a vessel, or on the docks?
Getting this classification wrong can cost you thousands in benefits. That’s why it’s critical to consult with experienced Texas maritime lawyers who know how the Fifth Circuit and Southern District of Texas interpret these cases.
Why Choose Gilman & Allison, LLP?
Our firm has been representing injured maritime workers for over 50 combined years. From deckhands injured in Port Houston to longshoremen in Corpus Christi, we fight for the maximum recovery under the law that applies to your case.
📞 Call our offices today:
- Houston/Pearland Office: (713) 224-6622
- Corpus Christi Office: (361) 357-8365