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Jones Act Seaman

The definition of a "Jones Act seaman" has changed over the decades since the so-called Jones Act (actually the Merchant Marine Act of 1920) was implemented to protect seamen, sailors and other employees of companies that meet the criteria for "Jones Act employers."

Remedy for an Injury or Illness

A Jones Act seaman who is injured or made ill by conditions on his or her job — for example, a sailor who develops mesothelioma from the asbestos aboard a ship — could be eligible for:

maintenance — income to replace the individual's lost wages
cure — medical treatment for the injury or illness
personal injury damages — compensation for future wage loss and medical expenses, impairment/disability, loss of quality of life, rehabilitation, occupational therapy, retraining costs, pain and suffering, and more

Not every individual who works aboard a seagoing vessel or contributes to a voyage will be considered a Jones Act seaman. The person does not have to be a sailor or a seaman to meet the criteria for 'Jones Act seaman,' but he or she:

has to have a relatively substantial employment relationship with the vessel (or a group of vessels owned by the same entity), or to the accomplishment of its mission

the relationship must be of great enough duration and of a nature to be considered a Jones Act seaman relationship

For example, a maritime worker who is land-based is not considered a seaman simply because he or she was working aboard a vessel when the injury occurred. Similarly, a seamen don't lose Jones Act protection when their work takes them ashore (for instance, during lightering — the process of transferring cargo or fuel from ship to ship or from ship to shore).

Jones Act Seaman Status Considerations

Jones Act seaman status does not depend on the site where the injury took place or the illness was caused. The factors that will have a bearing on a person's Jones Act seaman status include:

the nature of the work
the worker's status as a member of the vessel
whether the vessel is considered a Jones Act vessel
the worker's relationship to the vessel
the vessel's operation in navigable waters

Find Out Whether You're a Jones Act Seaman

If you have been injured or became ill in relation to your work and you think that you may have a Jones Act claim, contact us to schedule a no-cost initial consultation with a Jones Act lawyer or law firm that represents Jones Act seamen.

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