Workers' Comp & Employers Liability Policy
Under the federal Jones Act (46 U.S.C. §30104), a seaman injured in the course of employment may:
Answer
Bring a civil action at law, with the right of trial by jury, against the employer
46 U.S.C. §30104(a): 'A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer.' That exposure is one reason the standard policy's Employers Liability part excludes injury to a master or member of a vessel's crew (Part Two C.10).
Source: 46 U.S.C. §30104(a); NCCI Workers Compensation and Employers Liability Insurance Policy WC 00 00 00 C (Ed. 1-15, posted by the N.C. Rate Bureau; same wording in WC 00 00 00 A as posted by the Minn. Dept. of Commerce), Part Two C.10
Not the answer
- Recover only state workers compensation benefits
- Sue only the owner of the cargo
- Recover only under the Longshore Act
Practice this
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