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Barbara Weltman

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Worker Classification: Who Is a Sea-based Maritime Employee?

June 14, 2021 / By Barbara Weltman

Worker classification, such as employee or independent contractor, can be difficult to nail down. The nature of the work may also affect worker classification. For example, a seaman injured on the job is covered by the Jones Act, which may result in a greater recovery than workers compensation. In one case, a land-based welder who worked on the docks had an assignment located on the Outer Continental shelf. He was injured there, sued under the Jones Act, and won in appellate court on the grounds he was a seaman. A worker may be a seaman as long as he/she is exposed to the perils of the sea.  #IdeaoftheDay

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