Comparison of Rights Under the Jones Act and State Workers’ Compensation Law

Differences between benefits due under the Jones Act and State Workers’ Compensation statute are significant. Workers’ Compensation statutes under state law afford an injured employee only an allowance or daily stipend for a specified period of time in addition to medical care and treatment.

Under the Jones Act, however, in addition to the workers’ rights to maintenance and cure, the employee is entitled to monetary compensation for all of the damages sustained by the injured worker including pain and suffering both physical and mental, the loss of a limb, depression or any other psychological injury, and a dollar-for-dollar loss in earning capacity.The disparity in compensation is clear.