Ferry workers are unique in that most persons working aboard ferry vessels are often working for the State and are, therefore, unique in their ability to pursue claims following injury. Claims may need to be pursued in full awareness of the benefits and limitations of being a State employee / ferry worker.



There are also many small ferries, privately owned, providing ferry services to islands. We have had occasion to become involved in cases involving privately-owned ferries. In many circumstances, private owners such as maintenance associations may not be fully aware of their obligations. The fact that the ferry is privately owned does not necessarily mean the injured worker is not entitled to the same benefits under Federal law as a fully-licensed or State-owned ferry.

Often, ferry workers will be entitled to the full benefits of a Jones Act / general maritime law seaman. This may mean the ferry worker, even on a privately-owned ferry, may be entitled to recover for lost earnings, including future lost earnings; pain and suffering; expense of retraining; full medical benefits; compensation for earnings due to the end of the worker's contract; a living expense, "maintenance," during medical treatment.

Small, private ferries are often covered by private insurance. Many times, persons involved in claims processing are not aware of the injured person's rights, and the benefits potentially available under Federal law, including the Jones Act and general maritime law.

Often, ferry workers are presented with workers compensation forms to fill out, and are treated as workers compensation-type employees, when workers compensation provides fewer benefits than available as a Jones Act / general maritime law seaman. If so, it is often fairly simply to claim entitlements under Federal law as a Jones Act / general maritime law seaman. Employers and claims agents, once aware an injured individual is making a claim for seaman's benefits, will not resist the inevitable.

Often, workers are presented with workers compensation forms and end up believing they are only entitled to workers compensation benefits. Consultation with competent legal counsel can often result in an injured worker learning of the true extent of the benefits to which they are entitled, and the process and procedures involved in obtaining maximum benefits.

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