Abbott Clay & Reed

Will My Family Be Entitled to Adequate Benefits if I Am Injured or Killed While Working at Sea?

In Jones Act Law, Legal Representation, LHWCA, Maritime on June 26, 2009 at 7:46 PM

The Jones Act, with help from the Longshoremen’s and Harbors’ Workers Compensation Act, helps bring financial security to dependents of seamen who lose their life at sea.  This compensation extends to any dependants on that income and has been mandated to meet the needs of a seaman’s spouse, children, and family.  Due to the high risks and life threatening environment these workers find themselves in on a daily basis, you can see the need for some form of legal protection over these matters.

Knowing what your rights are and getting the most compensation in the tragic event of losing a loved one at sea is something everyone should be entitled to.  The federal law recognizes this, even if sometimes an employer doesn’t.  If you are dependent on someone that is risking their life every time they go to work, you need to know that, if something were to happen, you are going to be taken care of after the grieving is over.

The system is basically designed to give percentages of your weekly wages to qualifying, dependant family members.  The death benefits that surround maritime law are not the most amazing compensation; however, the employers are required to compensate until the family member in question can achieve financial independence, be remarried, or turn 18.  There is even a $3000 dollar funeral expense that is covered under maritime law.

A surviving spouse is eligible to receive half of the weekly wage earned by the seaman.  If there are children involved, then this compensation obviously increases.  This is worked out by compensating the surviving dependants with half of the seaman’s weekly wage.  If you have more than one child you are eligible to get 2/3s the weekly income.  This will be paid until the child, or children, turn 18.  There are specific circumstances that see this get extended, but is normally on a case by case basis.

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