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Federal Maritime Law · Compensation Comparison

Which Maritime Injury System Pays You More?

Three different legal systems can cover a maritime injury, and they do not pay the same. Here is a plain-English breakdown of which maritime injury system pays more, why the gap is so large, and how to tell which one applies to you.

By Michael Mangione, Editor · Last reviewed: · 11 min read
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The three systems at a glance

The same injury can be worth wildly different amounts depending on which legal system covers you. Here is the short version.

Jones Act (Seamen)
Full tort damages against your employer: lost wages, medical, and pain and suffering, decided by a jury. Usually pays the most.
LHWCA (Dock & Harbor)
No-fault benefits under 33 U.S.C. § 901: about two-thirds of your average weekly wage plus medical, but no pain and suffering against your employer.
State Workers' Comp
The floor. Capped, no-fault benefits with no pain and suffering and no right to sue your employer. Almost always pays the least.
What Decides It
Your job, not your injury. Seaman status, the type of vessel, and where you worked determine the system, and the system determines the money.
Editorial content, not legal advice. Reviewed by our editor and grounded in primary federal sources (linked throughout, summarized below). For advice on your specific case, talk to a licensed maritime attorney. Free case review →
Key Takeaways
  • The Jones Act almost always pays the most. It is the only system that lets you sue your employer for full damages, including pain and suffering, in front of a jury.
  • The LHWCA is the middle tier. No-fault benefits for longshore, harbor, and shipyard workers, roughly two-thirds of your wage plus full medical, but no pain and suffering from your employer.
  • State workers' comp is the floor. Capped benefits, no employer lawsuit, no pain and suffering. If you are stuck here, you are usually leaving the most money on the table.
  • Your job decides the system. Whether you are a "seaman" is the single biggest factor in which maritime injury system pays more for your case.
  • Maintenance and cure stacks on top. Seamen get separate daily-living and medical benefits regardless of fault, on top of any case recovery.
  • Getting the label wrong is expensive. Being pushed into comp when you qualify as a seaman can cost six or seven figures. A specialist sorts this out fast.
3 Systems that can
cover one injury
⅔ Wage rate under
the LHWCA
3 yrs Jones Act filing
window
30% Vessel time for
seaman status

In this guide

  1. 01The short answer: which system pays more
  2. 02The three systems, side by side
  3. 03What each system actually pays you
  4. 04Why the Jones Act usually pays the most
  5. 05The LHWCA: the middle tier
  6. 06State workers' comp: the floor
  7. 07Seaman status: the deciding question
  8. 08Same injury, three systems
  9. 09Maintenance and cure: money on top
  10. 10Causation: the hidden multiplier
  11. 11How to find out which applies to you
Cargo vessel silhouetted against a glowing sunset at sea, framing the question of which maritime injury system pays more
The Short Answer

Three systems, three very different payouts for the exact same injury.

1. Which maritime injury system pays more? The short answer

Quick Answer

In almost every case, the Jones Act pays more than the Longshore and Harbor Workers' Compensation Act (LHWCA), and both pay far more than state workers' compensation. The Jones Act is the only one of the three that lets an injured worker sue an employer for full damages, including pain and suffering, in front of a jury.

If you were hurt on or around the water, the first question is not "how badly am I hurt." It is "which legal system covers me." That single question, more than the injury itself, decides whether your case is worth a capped benefit check or a full jury verdict. So when people ask which maritime injury system pays more, the honest answer is: it depends on which one you qualify for, and the difference between them can be life-changing.

There are three systems in play. The Jones Act covers seamen, meaning crew members with a real connection to a vessel in navigation. The LHWCA covers longshore, harbor, shipyard, and dock workers who are not seamen. And state workers' compensation is the fallback for land-based workers who fit neither category. They look similar from the outside. The money they produce is not similar at all.

The Gist

Same broken back, three completely different outcomes. Under the Jones Act it might be worth several hundred thousand to several million dollars. Under the LHWCA, a no-fault benefit stream plus medical. Under state comp, the smallest check of the three. The label on your job, not the severity of your injury, drives the number.

✓

Bottom line: The Jones Act usually pays the most, the LHWCA sits in the middle, and state workers' comp is the floor. Figuring out which one covers you is the most valuable thing you can do early.

Statue of Lady Justice holding balanced scales, representing the three legal systems that weigh maritime injury claims
The Framework

Three statutes, three sets of rules, three very different checks.

2. The three systems, side by side

Quick Answer

The Jones Act (46 U.S.C. § 30104) is a fault-based lawsuit for seamen. The LHWCA (33 U.S.C. §§ 901 to 950) is no-fault federal compensation for dock and harbor workers. State workers' comp is no-fault compensation for everyone else.

Before comparing dollars, it helps to see what each system is. They are not interchangeable, and a worker generally falls into exactly one of them.

Jones Act: a real lawsuit

The Jones Act is not a benefit program. It is a federal cause of action that lets an injured seaman sue the employer for negligence and recover the same kinds of damages a car-accident victim would: full lost earnings, full medical, and pain and suffering, with the right to a jury. A good jones act lawyer will also plead unseaworthiness, a separate claim we cover below.

LHWCA: no-fault, but solid

The LHWCA is a federal no-fault program. You do not have to prove anyone did anything wrong. In exchange, you give up the right to sue your employer and you cannot recover pain and suffering from that employer. You receive wage-replacement and full medical care instead.

State workers' comp: the default

State comp works like the LHWCA in structure, no-fault and no employer lawsuit, but the benefits are usually smaller and capped lower. It is what covers a worker with no qualifying maritime connection at all.

FeatureJones ActLHWCAState Comp
Who it coversSeamen / crewDock, harbor, shipyardLand-based workers
Fault required?Yes (very low bar)NoNo
Sue your employer?Yes, full lawsuitNoNo
Pain and suffering?YesNo (vs. employer)No
Jury trial?YesNoNo
Typical payoutHighestMiddleLowest
✓

Bottom line: One is a lawsuit, two are benefit programs. The lawsuit, the Jones Act, is the one that can put pain and suffering and a jury verdict on the table.

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Wooden judge's gavel resting on a pale surface, illustrating what each maritime injury system actually awards
The Money

What you can actually collect under each system.

3. What each system actually pays you

Quick Answer

The Jones Act pays full tort damages with no statutory cap. The LHWCA pays roughly two-thirds of your average weekly wage (up to a national maximum that adjusts every year) plus full medical and scheduled awards. State comp pays a capped wage percentage plus medical. Only the Jones Act includes pain and suffering.

The reason which maritime injury system pays more matters so much comes down to what each one lets you collect. Two of the three deliberately leave out the largest category of damages in a serious injury case: human loss.

Jones Act damages

Under the Jones Act you can recover past and future lost wages and earning capacity, all medical expenses, and pain, suffering, disfigurement, and mental anguish. There is no statutory cap. Serious cases are valued the way any catastrophic injury lawsuit is valued.

LHWCA benefits

The LHWCA pays compensation at about two-thirds of your average weekly wage for disability, full and lifetime medical for the work injury, scheduled awards for permanent loss of a body part, and death benefits to survivors. What it does not pay, against your employer, is anything for pain and suffering.

State comp benefits

State comp typically pays a percentage of wages up to a state cap, medical care, and limited permanent-disability awards. Caps are usually lower than the LHWCA, and again there is no pain and suffering.

Jones Act covers

  • Full past & future lost wages
  • All medical expenses
  • Pain & suffering
  • Mental anguish & disfigurement
  • Possible punitive damages (for withheld maintenance & cure)

Comp systems leave out

  • Pain & suffering
  • Full future earning capacity
  • The right to a jury
  • The right to sue the employer
  • Damages above the statutory cap
✓

Bottom line: In a serious injury, pain and suffering is often the biggest number on the page. Only the Jones Act puts it on the table, which is the main reason it pays more.

Working cargo ship under an open sky at sea, representing seamen covered by the Jones Act
The Top Tier

Why a seaman's claim outpaces the benefit systems.

4. Why the Jones Act usually pays the most

Quick Answer

The Jones Act pays the most for three reasons: it allows pain and suffering, it has no benefit cap, and it uses a featherweight causation standard that makes employer liability far easier to prove than in an ordinary injury case.

It is not just that the Jones Act adds pain and suffering. The whole structure is tilted toward the injured worker in a way the comp systems are not.

A famously low bar to win

Jones Act negligence borrows the railroad standard from the FELA. Under Rogers v. Missouri Pacific Railroad, the employer is liable if its negligence played any part, "even the slightest," in producing the injury. Courts call this featherweight causation, and the Supreme Court reaffirmed it in CSX Transportation v. McBride.

The Causation Standard

Rogers v. Missouri Pacific R.R.

352 U.S. 500 (1957) · U.S. Supreme Court

The Court held that an employer is liable if its negligence played any part, even the slightest, in causing the injury. This featherweight standard, later applied to Jones Act seamen, makes it dramatically easier to win than an ordinary negligence case.

Two claims in one case

A seaman can plead negligence and unseaworthiness together. Unseaworthiness is strict liability: if the vessel or its gear was not reasonably fit and that caused the injury, the owner is liable without any proof of fault. The catch, after Dutra Group v. Batterton, is that punitive damages are not available on the unseaworthiness claim, although full compensatory damages are. For a deeper look at how negligence is proven, see our guide to Jones Act negligence.

Limit on Damages

Dutra Group v. Batterton

139 S. Ct. 2275 (2019) · U.S. Supreme Court

The Court ruled that punitive damages are not available for unseaworthiness. Real damages, lost wages, medical, pain and suffering, are still fully recoverable. It is a ceiling on one type of award, not on the value of the case.

✓

Bottom line: Easy causation, no cap, pain and suffering, and a second strict-liability claim. That combination is why the Jones Act is the system that pays more.

The system you are placed in decides your payout.

An employer or insurer has every reason to slot you into the cheapest one. A free review makes sure that does not happen by accident.

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Large vessel docked in a harbor at night, representing the longshore and harbor work covered by the LHWCA
The Middle Tier

For dock, harbor, and shipyard workers who are not seamen.

5. The LHWCA: the middle tier

Quick Answer

The LHWCA covers longshore workers, harbor and dock workers, ship repairers, shipbuilders, and ship breakers who are not seamen. It pays more than state comp because its wage rate and medical benefits are generally more generous, and it can open a separate lawsuit against a negligent vessel owner.

The LHWCA sits between the Jones Act and state comp for a reason. It is a federal program built specifically for maritime work that happens on the dock or in the yard rather than out on a vessel in navigation.

The hidden upgrade: the § 905(b) vessel claim

Here is what many injured longshore workers never hear: the LHWCA bars suing your employer, but 33 U.S.C. § 905(b) lets you sue a negligent vessel owner as a third party. If a ship's crew or condition caused your injury while you worked the dock, that lawsuit can add tort damages, including pain and suffering, on top of your no-fault benefits.

The Coverage Test

33 U.S.C. § 902(3): Definition of "employee"

The term "employee" means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor worker including a ship repairman, shipbuilder, and ship breaker.

For a fuller comparison of who lands in the LHWCA versus the Jones Act, see our companion article on LHWCA vs. Jones Act coverage, and the pillar guide on Jones Act vs. LHWCA vs. workers' comp.

✓

Bottom line: The LHWCA pays more than state comp on its own, and the § 905(b) vessel claim can push a strong case toward Jones-Act-level recovery.

Industrial marine platform structure under a pale sky, representing the baseline of state workers compensation coverage
The Floor

No-fault, capped, and almost always the smallest check.

6. State workers' comp: the floor

Quick Answer

State workers' compensation is the exclusive remedy for most land-based employees: no-fault benefits in exchange for giving up the right to sue. It pays the least of the three systems because benefits are capped and pain and suffering is never included.

State comp is what covers a worker with no maritime connection that qualifies for federal coverage. It is reliable and it is fast, but it is built to be modest, and it is the system an insurer would most like to apply to your claim.

State workers' comp

Capped wage percentage, medical, limited disability awards. No employer lawsuit, no pain and suffering, no jury. The smallest of the three.

vs.

A maritime claim

If you actually qualify as a seaman or a longshore worker, you may be leaving large sums on the table by accepting a state comp claim. Worth checking before you sign anything.

Watch For This

If an employer or adjuster quietly files your injury as a state comp claim, that choice can quietly foreclose a far larger maritime recovery. You are not bound by how they classified you. The law decides, based on your actual job.

✓

Bottom line: State comp is the floor. If there is any maritime angle to your work, do not assume comp is your only option.

Were you placed in state comp after a maritime injury? A specialist can tell you whether you qualify for more. Free and confidential.
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Ship under a bright blue sky on open water, representing the vessel connection that defines seaman status
The Deciding Question

Are you a seaman? The answer routes you to the right system.

7. Seaman status: the deciding question

Quick Answer

Seaman status, decided under Chandris v. Latsis, is the gateway to the Jones Act. You generally need duties that contribute to a vessel's function and a substantial connection to a vessel in navigation, often summarized as roughly 30 percent of your work time in service of vessels.

Because the Jones Act pays the most, whether you are a seaman is usually the single most valuable fact in the whole case. It is also where employers and insurers fight hardest, because keeping you out of seaman status keeps you out of the highest-paying system.

The Modern Test

Chandris, Inc. v. Latsis

515 U.S. 347 (1995) · U.S. Supreme Court

To be a Jones Act seaman you need (1) duties that contribute to the function of a vessel or its mission, and (2) a substantial connection to a vessel in navigation that is substantial in both nature and duration. The Court offered a rule of thumb of at least 30 percent of work time on or for vessels.

If you clearly pass that test, the Jones Act is your system and your case is worth the most. If you clearly fail it but work the docks, the LHWCA is your system. If you fall between, the classification fight is exactly where a maritime specialist earns their fee, because the answer is worth a fortune.

✓

Bottom line: Seaman status is the switch. Flip it on and you are in the system that pays more. That is why it is so heavily contested.

White and gray offshore oil rig in daytime, illustrating how the same injury pays differently across maritime systems
The Comparison

Same worker, same injury, three different outcomes.

8. Same injury, three systems

Quick Answer

Take one worker with a serious back injury. Under state comp, a capped wage check and medical. Under the LHWCA, better wage replacement, lifetime medical, and a possible vessel lawsuit. Under the Jones Act, full lost earnings, full medical, and pain and suffering decided by a jury. The same facts, three very different totals.

Illustrative scenarios are not promises about any real case, but they show why which maritime injury system pays more is not an academic question.

Scenario

A herniated disc that ends a career

A 40-year-old worker hurts his back and cannot return to heavy work.

  • State comp: a capped percentage of wages for a set period, plus medical. The smallest result of the three.
  • LHWCA: roughly two-thirds of average weekly wage, lifetime medical for the injury, scheduled and disability awards, and a possible § 905(b) vessel suit on top.
  • Jones Act: full past and future lost earning capacity, all medical, and pain and suffering, with no cap and decided by a jury. Routinely the largest by a wide margin.
✓

Bottom line: The injury is identical in all three. The recovery is not. The difference is the system, and the system is worth fighting over.

Find out what your claim is really worth.

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Large ship alone in the middle of the open ocean, representing a seaman's right to maintenance and cure
The Extra Layer

A seaman benefit that stacks on top of everything else.

9. Maintenance and cure: money on top

Quick Answer

Seamen are owed maintenance (daily living costs) and cure (medical care until maximum improvement) regardless of fault, on top of any Jones Act recovery. If an employer withholds these arbitrarily, the seaman can recover punitive damages under Atlantic Sounding v. Townsend.

This is another reason the Jones Act path pays more: maintenance and cure is a separate, no-fault obligation that runs alongside the lawsuit. It is owed from the moment of injury, even before any case is decided.

Punitive Damages

Atlantic Sounding Co. v. Townsend

557 U.S. 404 (2009) · U.S. Supreme Court

The Court held that a seaman may recover punitive damages when an employer willfully and arbitrarily refuses to pay maintenance and cure. That threat keeps employers honest and adds real leverage to a seaman's case.

✓

Bottom line: Maintenance and cure is automatic money for seamen, no fault required, and it stacks on top of a Jones Act recovery. The comp systems have no equivalent.

Wooden judge's hammer resting on a table, representing the causation standard that shapes a maritime payout
The Hidden Multiplier

How easy it is to win changes what a case is worth.

10. Causation: the hidden multiplier

Quick Answer

Because the Jones Act uses featherweight causation, more injuries qualify for recovery than under ordinary negligence law. An easier-to-win claim is a more valuable claim, which is part of why the Jones Act consistently pays more than the no-fault systems can.

People focus on the damage categories and miss the leverage. A claim that is easy to win settles for more, because the other side knows the odds. The featherweight standard does exactly that for seamen.

Causation Reaffirmed

CSX Transportation, Inc. v. McBride

564 U.S. 685 (2011) · U.S. Supreme Court

The Court reaffirmed the relaxed "any part, even the slightest" causation standard for FELA, the same standard applied to Jones Act seamen. Plaintiffs do not have to prove proximate cause the way an ordinary negligence plaintiff must.

Comparative fault still applies under the Jones Act, so your recovery is reduced by your own share of fault rather than barred. The comp systems do not reduce benefits for fault, but they also never reach the full-value damages the Jones Act allows.

✓

Bottom line: Easier proof plus bigger damages is the combination that decides which maritime injury system pays more, and it points to the Jones Act.

Think you may have a Jones Act case? Find out which system covers you and what it could be worth. Free and confidential.
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Red navigation buoy floating on dark, choppy water, representing the practical steps to find out which maritime injury system applies
Your Next Step

How to find out which system pays more for you.

11. How to find out which applies to you

Quick Answer

To learn which maritime injury system pays more in your situation, document your job duties and vessel time, do not sign anything classifying your claim, gather records quickly, and have a maritime specialist evaluate your seaman status before any deadline passes.

You do not have to decode the law yourself. You do have to avoid the moves that quietly lock you into the lowest-paying system.

  1. Write down your real job. Vessel assignments, how much time you spend aboard or in service of vessels, and what you actually do. This is what determines seaman status.
  2. Do not sign a classification. If a form labels your injury as state comp, do not assume that is final. The law, not the form, decides your system.
  3. Preserve evidence fast. Maintenance logs, witness names, and accident reports disappear within weeks. Early action protects the value of a claim.
  4. Watch the clock. The Jones Act deadline is generally three years under 46 U.S.C. § 30106, but other deadlines can be shorter. Do not wait.
  5. Get a specialist's read. A maritime attorney can identify your system, often at no cost, and tell you whether you are being underpaid. Compare your options in the Jones Act vs. LHWCA vs. workers' comp pillar guide.
✓

Bottom line: The system that pays more is the one you actually qualify for. The only way to know for sure, before a deadline costs you the difference, is to have a maritime specialist evaluate your case.

For Verification

Sources & Authorities

Every legal claim in this comparison is grounded in primary federal statutes and Supreme Court opinions. Verify our work by clicking through to the official text.

Federal Statutes

Supreme Court & Federal Cases

Regulatory & Government Resources

Editorial standard: This comparison is reviewed quarterly and updated whenever significant maritime injury case law develops. Last reviewed June 29, 2026, by Michael Mangione, Editor. This article is educational information, not legal advice. For your specific situation, connect with a licensed maritime attorney via our free case review.

Behind This Article

Our Editorial Standards

How this comparison is researched, reviewed, and kept current. Transparency about what we are and what we are not.

01

Primary sources only

Every legal claim cites a primary federal source: the U.S. Code, Supreme Court opinions, or U.S. Court of Appeals decisions. All citations link to free public databases (Cornell Law Legal Information Institute and Justia). You can verify everything we say.

02

Quarterly review

This article is reviewed every quarter and updated whenever significant maritime case law or benefit-rate changes occur. The Last reviewed date at the top of the article reflects the most recent editorial pass.

03

Editorial, not legal advice

Our editor is not a practicing attorney. This is researched journalism on maritime injury compensation, not personalized legal counsel. For your specific situation, talk to a licensed maritime attorney through our free case review.

04

How we vet attorneys

Attorneys in our network are vetted before we connect you: maritime specialty concentration, federal court admission, documented trial experience, current state bar standing, and clear contingency-fee disclosure. We do not refer to generalist personal injury lawyers.

Michael Mangione, editor of Offshore Injury Help and founder of The Mangione Group, headshot

About the Editor

Michael Mangione

Michael is the founder of The Mangione Group, a specialty legal-services firm focused on attorney intake, lead qualification, and connecting injured workers with vetted specialty attorneys. He has built referral and intake systems across high-value legal niches including maritime injury, nursing home abuse, and trucking accidents. He is not a practicing attorney. His expertise is in the editorial side of legal information and the operational side of how injured workers find the right legal help, which is what this guide is about.

LinkedIn · The Mangione Group

Last reviewed: June 29, 2026 (initial publication, comprehensive review against current federal statutes and Supreme Court case law). Next review: September 2026 or sooner upon material case-law developments.

Frequently Asked Questions

Common questions about which maritime injury system pays more

Educational information only. This is not legal advice. For your specific case, connect with a vetted maritime injury specialist via the free case review above.

Which maritime injury system pays more, the Jones Act or workers' comp? +
In almost every case, the Jones Act pays more than both the LHWCA and state workers' compensation. The Jones Act is the only one of the three that lets an injured seaman sue the employer for full damages, including pain and suffering, with the right to a jury. State workers' comp pays the least because its benefits are capped and never include pain and suffering.
Why does the Jones Act pay more than the LHWCA? +
The Jones Act allows pain and suffering, has no statutory benefit cap, and uses a featherweight causation standard that makes employer liability much easier to prove. The LHWCA is a no-fault benefit program that pays roughly two-thirds of your average weekly wage plus medical, but it does not allow you to recover pain and suffering from your employer.
What is the LHWCA and who does it cover? +
The Longshore and Harbor Workers' Compensation Act (33 U.S.C. § 901 and following) is a federal no-fault program covering longshore workers, harbor and dock workers, ship repairers, shipbuilders, and ship breakers who are not seamen. It generally pays more than state comp, and 33 U.S.C. § 905(b) can allow a separate lawsuit against a negligent vessel owner.
How do I know if I am a Jones Act seaman? +
Under Chandris v. Latsis, 515 U.S. 347 (1995), a seaman is a worker whose duties contribute to the function of a vessel in navigation and who has a substantial connection to that vessel in both nature and duration. Courts use a rule of thumb of about 30 percent of work time in service of vessels. Seaman status is the gateway to the Jones Act, the system that pays more.
Can I recover pain and suffering under workers' comp? +
No. Neither state workers' compensation nor the LHWCA allows pain and suffering against your employer. Both are no-fault systems that trade the right to sue for guaranteed but limited benefits. Only the Jones Act allows pain and suffering, which is one of the main reasons it pays more in serious cases.
What is maintenance and cure, and does it add to my recovery? +
Maintenance and cure is a no-fault obligation owed to injured seamen: maintenance covers daily living costs and cure covers medical care until you reach maximum medical improvement. It is owed regardless of fault and stacks on top of any Jones Act recovery. If an employer arbitrarily withholds it, the seaman may recover punitive damages under Atlantic Sounding v. Townsend, 557 U.S. 404 (2009).
My employer filed my injury under state comp. Am I stuck with it? +
Not necessarily. How an employer or insurer classifies your claim does not control the legal answer. If your actual job duties qualify you as a seaman or a longshore worker, you may be entitled to a far larger recovery. The law, not the paperwork, decides which system applies, so it is worth having a maritime specialist review your status before any deadline passes.
How long do I have to file a maritime injury claim? +
A Jones Act lawsuit is generally subject to a three-year statute of limitations under 46 U.S.C. § 30106, but other deadlines, including LHWCA notice and claim deadlines, can be much shorter. Because evidence also disappears quickly, you should speak with a maritime attorney as soon as possible rather than relying on the longest possible window.
Does fault affect which system pays more? +
Yes, indirectly. The no-fault systems pay regardless of fault but cap what you can recover. The Jones Act requires proof of employer negligence, but the bar is so low (featherweight causation) that it is usually easy to meet, and the resulting damages are uncapped. Comparative fault reduces a Jones Act award by your share of fault rather than barring it.

Find out which system pays more for your case.

One free, confidential review can tell you whether you qualify as a seaman, which maritime injury system covers you, and what your claim may be worth. No cost, no obligation.

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