1. Jones Act.
2 Longshore
2.
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h
&H b A t
& Harbor Act.
3. Defense Base Act.
‐ Seamen can bring negligence claim against employers and vessel owners.
‐ Seamen include captains, officers and members of water vessels, who spend over 30% of time on a vessel.
‐ Unlike WC programs, worker must prove p g
,
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negligence of employer or owner – must bring suit within 3 years.
bring suit within 3 years.
workers, ‐ Liability is very broad Liability is very broad – can be liable for negligence of co
can be liable for negligence of co‐workers
incompetence of Captain, lack of training, unsafe equipment, etc.
‐ Injured seaman can seek compensation for:
‐ Pain & suffering
P i & ff i
‐ Disfigurement
‐ Mental Anguish
‐ Maintenance (living expenses until recovered)
‐ Lost wages
‐ Cure (medical treatment until recovered)
Cure (medical treatment until recovered)
‐ Ongoing medical care after recovery
‐ Florida Sovereign immunity caps on damages should apply according to legal experts
according to legal experts.
‐ Obtain coverage through DMS. Not covered by State General Liability coverage. Can elect to S
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l Li bili
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l
not obtain coverage since exposure to damages are limited by immunity caps.
li i d b i
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‐ Ocean Marine Insurance Policy for State Agencies/Universities currently provides this g
coverage for crew of listed vessels.
‐ DOT, FSU, FIU, USF, FWC, FAU are agencies covered under current Ocean Marine policy
covered under current Ocean Marine policy.
‐ Differs from Jones Act in that it covers non‐
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,
seaman maritime workers (cargo loaders, crane operators, vessel repairman).
‐ Also differs in that it is a no fault compensation Also differs in that it is a no fault compensation
law very similar to State WC laws.
‐ Jones Act and Longshore
d
h
Act are mutually ll
exclusive – cannot bring claims under both acts.
‐ Complicated set of rules on who is covered, depending on actual job duties.
depending on actual job duties.
‐ LLongshore
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A t t applicable to governmental Act not
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workers if workers are not involved working on vessels performing a “traditionally commercial l
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i
“t diti
ll
i l
service”.
‐ Passed in 1941 to cover workers on military bases outside U.S., and is an extension of
bases outside U.S., and is an extension of Longshore Act.
‐ Applicable to State employees, but not for work performed pursuant to a grant.
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‐ Working for private employers on U.S. bases or lands used for military purposes outside of U.S. (not including territories and possessions).
including territories and possessions)
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‐ Working on public work contracts with any U.S. agency regarding national defense or war activities outside U.S.
‐ Working on contracts under Foreign Assistance Act (sale of military equipment & services) if outside U S
(sale of military equipment & services) if outside U.S.
Working to provide welfare and similar services to to provide welfare and similar services to
‐ Working
Armed Forces (USO).
‐ Benefits track those benefits provided under Longshore Act.
‐ Benefits are very similar to State WC benefits.
‐ Two thirds of AWW.
‐ Medical care, but employee has provider choice.
‐ Death benefits to survivors.
‐ Department
of Labor Office of WC Programs
Department of Labor, Office of WC Programs (OWCP).
‐ OWCP must approve insurers authorized to write coverage. Employer can provide coverage as approved self‐insurer (state agency or university as actual employer, not the state self‐
insurance pool) but must show proof of expertise to administer DBA claims
‐ Fine of $10,000 if employee does not have coverage. coverage