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Tampa Workers' Compensation Lawyer > Blog > Workers' Compensation > Compensation Options for Maritime Workers in Tampa

Compensation Options for Maritime Workers in Tampa

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The maritime industry employs numerous workers throughout Tampa, and it contributes to the State’s booming economy. If you are a maritime worker, shipbuilder, longshoreman, or a similar worker, you know how challenging this industry can be. It is also one of the most dangerous industries, and injuries are relatively common. Pursuing compensation after a maritime industry accident can be challenging, and you may benefit from working alongside an experienced workers’ compensation lawyer in Tampa.

The Jones Act 

One potential source of compensation is a Jones Act claim. Also known as Section 27 of the Merchant Marine Act, the Jones Act allows injured maritime workers to sue their employers directly. This specifically applies to “injured seamen,” and the definition of “seamen” is very specific in the context of the Jones Act. The benefit of a Jones Act claim is that it is effectively a personal injury lawsuit. As a result, it has a three-year statute of limitations – and it can cover non-economic damages. In many situations, a Jones Act claim may be possible even if a seaman caused their own injuries.

 The Longshore and Harbor Workers’ Compensation Act 

Otherwise known as the LHWCA, the Longshore and Harbor Workers’ Compensation Act is effectively a workers’ compensation program for longshoremen and harbor workers. There are very few differences between this program and Florida’s statewide workers’ compensation program. Both programs cover two-thirds of lost wages and medical expenses. However, the LHWCA is a federal program with a statute of limitations of just one year. In contrast, Florida’s workers’ compensation program is overseen by the State – and it has a statute of limitations of two years.

 The Florida Workers’ Compensation Program 

Even if you were working in the maritime industry, you might have the ability to file a normal workers’ compensation claim. This no-fault insurance program can provide effective financial support, and it should be relatively easy to achieve with help from an experienced lawyer in Tampa.

 Personal Injury Lawsuits 

Finally, a personal injury lawsuit might be possible. Generally speaking, injured workers are only allowed to sue their employers directly in cases of gross, reckless negligence. Alternatively, injured workers could sue third parties for causing their injuries.

The benefit of this approach is simple: You have the potential to recover more compensation compared to a typical workers’ compensation claim. This is because a personal injury lawsuit can cover 100% of lost wages and additional non-economic damages.

Find an Experienced Workers’ Compensation Lawyer in Tampa 

If you’ve been searching for an experienced workers’ compensation lawyer in Tampa, look no further than The Franco Law Firm. Over the years, we have helped numerous injured plaintiffs throughout Tampa – including maritime workers. We know how confusing your legal options might seem after an accident, but you’re not alone in this battle. With our help, you can assess potential sources of compensation during a consultation. Reach out today to get started with an effective action plan.

Sources: 

dol.gov/agencies/oalj/PUBLIC/LONGSHORE/REFERENCES/REFERENCE_WORKS/2002_LHWCA_TOPIC_13

maritime.dot.gov/ports/domestic-shipping/domestic-shipping

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