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.

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:

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:

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:

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:

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:

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:

  1. Report the injury promptly.
  2. Seek medical treatment.
  3. Tell the truth about how the accident occurred.
  4. Preserve photographs if possible.
  5. Identify witnesses.
  6. Keep copies of all medical records.
  7. Avoid signing documents without understanding them.
  8. 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.