By: Ronald J. Morgan, Esq.

No one would say that working the docks in North Jersey is a job for the weak or faint of heart.  However, even the strongest men get injured.  When these “longshoremen” are hurt on the job, they do not receive the typical benefits other laborers do under the New Jersey Worker’s Compensation regime.  Given that they do not have a usual, stationary, work environment, Federal Law ensures that they receive their entitled no-fault benefits.  Under the Federal Jones Act, these benefits are known as maintenance and cure.

Like payments under Worker’s Compensation, longshoremen are entitled to maintenance and cure benefits provided by their employer regardless fault.  These payments are designed to ensure that these workers at sea are able to provide for themselves and their families while they are unable to work due to their injuries.

Unlike the Worker’s Compensation regime, longshoremen do not have the benefit of a designated court designed to protect their rights.  Instead, they are forced to bring actions for maintenance and cure in either state or federal court.  The Jones Act grants jurisdiction for such actions in these venues.

If you work on the docks, in a harbor, or at sea, it is important to understand your rights.  When you are injured on the job, you are entitled to benefits whether they are through the Worker’s Compensation regime, or the Jones Act.  The law recognizes the need of injured laborers and provides adequate protection until they are healthy enough to return to work and provide for their families.