MARINE EMPLOYER'S LIABILITY OR JONES ACT (MEL)

Marine employer’s liability provides coverage for claims arising out of injuries to employees associated with maritime trades who may fall under the Jones Act. A $25,000 sub-limit is generally available from an insured's Worker's Compensation carrier. Marine employer’s liability policies are usually attached as excess of this amount.

The Jones Act is a federal law for masters and members of crew or “seamen” of a US-flagged vessel who are not restricted to statutory compensation acts (State Workers' Compensation) and may sue their employers for injuries sustained in the course of employment. It provides employee benefits that are similar to workers' compensation. It is important to note that state workers' compensation plans do not cover vessel crew and employees.

The U.S. Supreme Court set forth the following guidelines for determination of seaman status:

• An employee's duties must contribute to the function of the vessel or to the accomplishment of its mission;

• A seaman must have a connection with a vessel in navigation (or to an identifiable group of such vessels), that is substantial in terms of both its duration and its nature;

• The duration of a worker's connection to a vessel and the nature of the worker's activities, taken together, determine whether a maritime worker is a seaman because the ultimate inquiry is whether the worker in question is a member of the vessel's crew or simply a land-based employee who happens to be working on a vessel at a given time.

For a Quote, Click Here or

Enter Your Info Below To be Contacted by an Agent