Comparing the Federal Jones Act to the Florida Workers’ Compensation Act

Florida’s workers’ compensation statute is a mechanism for compensating individuals for work-related injuries. The spirit of this law stems from the idea of a quid pro relationship between employees and employers. As such, employers provide medical benefits and other benefits to employees to relinquish the employee’s right to sue their employer. The Jones Act is a federal statute that grants maritime and other offshore workers to seek compensation for work-related injuries. This Act fills in voids in the state workers’ compensations statute that only protects land-based workers.

The Jones Act applies to water-based employees such as crew members, officers, and captains that spend at least 30% of their work time on a “vessel in navigation .”Whereas, workers’ compensation applies to land-based employees whose employers carry workers’ compensation insurance. But for the occupations that each Act covers, the two statutes may appear similar. However, there are fundamental differences between the Acts. An inherent difference amongst these Acts is the intent and what they seek to address. Lawmakers created workers’ compensation statutes to deter employees from suing their employer in tort, whereas Jones Act seeks to allow injured employees the right to sue their employer for negligence.

The next critical difference involves fault determinations. Under the workers’ compensation model, fault does not impact an employee’s ability or eligibility for benefits. In contrast, the injured party must provide evidence to support a negligence claim under the Jones Act. Additionally, workers’ compensation is more limited than under the Jones Act. For instance, both statutes permit recovery for an employee’s medical expenses when the worker suffers an injury on the job and cannot return to work. However, unlike workers’ compensation claimants, Jones Act claimants can recover the full extent of their lost wages when they are unable to return to work. Moreover, in some instances, Jones Act claimants can seek punitive damages.

Claimants must understand that the law does not permit them to file a suit under both the Jones Act and Florida’s workers’ compensation statute. An attorney can assist claimants in determining the appropriate path to relief.

Contact a Jones Act Attorney Today

If you suffered injuries while working in a maritime environment, the Florida Jones Act attorneys at Friedman Rodman & Frank could help you determine your rights and effectuate your remedies. The experienced attorneys on our team can help clients through every stage of their Jones Act Claims. We have an in-depth understanding and experience handling these challenging claims. In addition to Jones Act claims, our firm handles claims under the Defense Base Act and Longshore Act. Contact our office for a free case evaluation at 877-448-8585 to discuss your claim and potential compensation.