Every year, seamen working aboard tugboats, offshore vessels, dredges, supply boats, fishing vessels, barges, tankers, and cargo ships suffer serious injuries while performing some of the most dangerous jobs in the country.
Unlike most employees, maritime workers are not protected by ordinary workers’ compensation laws. Instead, many injured seamen are protected by the Jones Act, a federal law that allows them to recover damages from negligent employers.
Understanding your rights immediately after an accident can make a significant difference in your recovery—both medically and financially.
What Is the Jones Act?
The Jones Act (46 U.S.C. § 30104) allows qualifying seamen who are injured in the course of their employment to file a negligence claim against their employer.
Unlike a traditional workers’ compensation claim, an injured seaman may recover compensation for:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Physical pain
- Mental anguish
- Physical impairment
- Disability
Because the Jones Act is fault-based, proving negligence is an important part of every case.
Who Qualifies as a Seaman?
Not every maritime worker qualifies under the Jones Act.
Generally, an employee must:
- Contribute to the function or mission of a vessel
- Have a substantial employment connection to a vessel or identifiable fleet
- Spend a significant portion of employment working aboard qualifying vessels
Determining seaman status often requires careful legal analysis and is frequently disputed by employers and insurance companies.
Common Jones Act Accidents
Maritime injuries happen in countless ways.
Some of the most common include:
- Slip and falls
- Wet deck injuries
- Ladder accidents
- Gangway falls
- Crane accidents
- Line handling injuries
- Winch accidents
- Equipment failures
- Heavy lifting injuries
- Falling cargo
- Explosions
- Fires aboard vessels
- Chemical exposure
- Offshore helicopter incidents
Many accidents result from unsafe work practices, inadequate staffing, defective equipment, or poor vessel maintenance.
Employer Negligence Under the Jones Act
The Jones Act applies whenever an employer’s negligence contributed—even slightly—to an employee’s injury.
Examples include:
- Failing to provide adequate training
- Unsafe work procedures
- Failure to maintain equipment
- Inadequate supervision
- Understaffing
- Failure to enforce safety policies
- Failure to provide proper tools
- Improper lifting procedures
- Negligent hiring or retention
The legal standard under the Jones Act is generally more favorable to injured seamen than ordinary negligence claims.
Unseaworthiness Claims
Many injured maritime workers also have claims for unseaworthiness against the vessel owner.
A vessel may be considered unseaworthy when:
- Equipment is defective
- The crew is inadequately trained
- Safety equipment is missing
- The vessel is improperly maintained
- The vessel is unsafe for its intended purpose
Unlike Jones Act negligence, unseaworthiness focuses on the condition of the vessel itself.
Many cases involve both claims.
Maintenance and Cure
Regardless of fault, injured seamen are generally entitled to maintenance and cure until they reach maximum medical improvement.
Maintenance generally helps cover daily living expenses while recovering.
Cure covers reasonable medical treatment related to the injury.
Improper denial of maintenance and cure can expose employers to significant additional liability under maritime law.
What Should You Do After a Maritime Injury?
Immediately after an accident:
- Report the injury promptly.
- Seek medical treatment.
- Tell the truth about how the accident occurred.
- Preserve photographs if possible.
- Identify witnesses.
- Keep copies of all medical records.
- Avoid signing documents without understanding them.
- Speak with a maritime attorney before accepting a settlement.
Small mistakes early in a case can significantly affect later recovery.
Frequently Asked Questions
How long do I have to file a Jones Act claim?
Most Jones Act claims are subject to a three-year statute of limitations, although waiting can make proving a case more difficult.
Can I sue if the accident was partly my fault?
Yes. Maritime law generally follows comparative fault principles, meaning partial fault does not necessarily prevent recovery.
Can I choose my own doctor?
Often yes, although employers may initially direct medical care. Whether you should continue treatment with a company-selected physician depends on the circumstances.
Are offshore oil workers covered?
Some offshore workers qualify under the Jones Act, while others may instead fall under the Longshore and Harbor Workers’ Compensation Act or other maritime statutes. Determining which law applies depends on the worker’s duties and relationship to a vessel.
Why Maritime Experience Matters
Jones Act litigation differs substantially from ordinary personal injury cases. Questions involving seaman status, maintenance and cure, unseaworthiness, comparative fault, and federal maritime law require experience with a specialized body of law that is unlike most state-law injury claims.
At Gilman & Allison, LLP, our attorneys focus on maritime and admiralty law and represent clients in a wide range of vessel-related injury matters involving commercial shipping, offshore operations, ports, and maritime businesses throughout Texas.
If you have been injured while working aboard a vessel, obtaining legal advice early can help protect your rights and preserve important evidence.