FAQs

Who is a seaman?
What is the Jones Act?
What is a "vessel" for purposes of the Jones Act?
Are drilling and production platforms considered vessels?
Can an injured maritime or offshore worker sue his or her employer for damages?
Who is covered by the LHWCA and what benefits are provided by that act?
What types of damages can an injured maritime worker recover?
Does a maritime personal injury case have to be filed in federal court?
Can a maritime personal injury plaintiff ask for a jury trial?
Where can a maritime personal injury suit be filed?
Can a plaintiff seize a vessel to enforce a judgment or award?
Who can sue for the wrongful death of a maritime or offshore worker?
What is maintenance and cure?

Who is a seaman?
Generally, a "seaman" is a member of a vessel's crew who is exposed to the "perils of the sea" as part of his or her employment. A seaman is someone who contributes to the mission or work of the vessel or watercraft and who has a substantial connection to a particular vessel or fleet of vessels. Seamen can include vessel crew members, river pilots, ship captains, deckhands, and others who work on barges, tugs, movable rigs, and dredges.

What is the Jones Act?
The Jones Act is a federal maritime law that may provide benefits and claims for damages to seamen against their employers for injuries sustained while they are employed on vessels on navigable waters and offshore oil rigs which can be towed and are not permanently affixed to the ocean floor. Seamen can include river pilots, captains, and others who work on tugboats, barges, ships, supply boats, semi-submersible drilling rigs, jack-up drilling rigs, and dredges.

What is a "vessel" for purposes of the Jones Act?
What is a "vessel" can be a hotly-contested legal issue. The United States Supreme Court in a 2006 opinion greatly expanded the traditional definition of a vessel for purposes of the Jones Act, making "vessel status" easier to prove in court. A vessel, for purposes of the Jones Act, is any watercraft that is practically capable of transportation over water and that is not permanently moored or grounded.

Are drilling and production platforms considered vessels?
No. Fixed platforms and other structures permanently attached to the sea floor are not considered to be vessels.

Can an injured maritime or offshore worker sue his or her employer for damages?
It depends on the worker's "status," meaning whether he or she is a Jones Act seaman, non-seaman maritime worker, or non-maritime worker. Jones Act seamen can sue their employers for negligence in failing to provide them with a safe place to work and for an unseaworthy vessel. Non-seamen maritime workers likely fall under the Longshore and Harbor Workers' Compensation Act (LHWCA), which is a federal workers' compensation scheme, and cannot sue their employers for negligence. Non-seamen maritime workers may still have a maritime tort claim against a vessel owner or operator though, if a vessel's negligence was a cause of their injuries. Finally, non-maritime workers are usually only entitled to workers' compensation benefits according to the applicable state law and cannot sue for damages.

Who is covered by the LHWCA and what benefits are provided by that act?
The LHWCA is a comprehensive workers' compensation scheme for maritime workers who are injured on navigable waters. Maritime employment includes loading and unloading vessels, repairing vessels and building a vessel. The law considers navigable waters as places beyond where a boat could float, and navigable water can include places on land that adjoin water. A worker who is injured on a pier, wharf, dry dock, or terminal can also be compensated under the act. Areas near a pier or wharf can also be included in the definition of navigable waters, such as areas for loading, unloading, repairing, or building vessels.

The LHWCA fills a gap between coverage under the Jones Act, which protects only injured seamen, and state's workers' compensation laws, which cover injuries occurring on land within a particular state, but not usually on navigable water. The LHWCA is administered by the Federal Department of Labor, and injured workers who qualify for coverage are entitled to disability benefits. The right to receive benefits under the LHWCA does not depend on a finding that the employer was at fault for the worker's injury/ies.

What types of damages can an injured maritime worker recover? An injured Jones Act seaman can sue to potentially recover pecuniary and non-pecuniary damages. Pecuniary damages means economic damages or "out of pocket" expenses, such as medical costs, past lost wages, and the value of lost room and board. Non-pecuniary damages usually include expenses above and beyond "out of pocket" losses, such as "pain and suffering," "loss of enjoyment of life," or "loss of consortium."

A non-seaman maritime worker cannot sue his employer for any damages based on the employment relationship. Such a maritime worker may be able to sue a vessel owner or operator (even if that owner or operator is also his employer) for damages caused by the vessel's negligence. In such a case, the injured worker may be able to recover pecuniary and non-pecuniary damages from a negligent vessel owner or operator.

Does a maritime personal injury case have to be filed in federal court?
In a Jones Act case, the injured plaintiff has the right to choose whether to bring his action at common law, which may be filed in either state or federal court, or in admiralty, which means the federal district court has exclusive jurisdiction over the matter. If a Jones Act seaman chooses to file in state court, a defendant is barred from "removing" the case to federal court under the "Savings to Suitors" clause.

A non-seaman filing a vessel negligence claim has the same choice between the state and federal court system. However, if there is diversity of citizenship between the plaintiff and the defendant vessel owner (meaning they are domiciled in different states), the vessel owner may be able to remove the case to federal court even if the plaintiff files in state court.

Determining the forum and venue for a maritime personal injury lawsuit can be complicated and have a significant impact on a case. An injured maritime worker may wish to speak with an attorney.

Can a maritime personal injury plaintiff ask for a jury trial?
A Jones Act seaman may ask for a jury trial when a case is brought under common law. If a seaman files a case in federal court under admiralty law, he may be barred from seeking a jury trial later. A defendant in a Jones Act case filed under admiralty jurisdiction in federal court does not have the right to request a jury.

Where can a maritime personal injury suit be filed?
The geographic location where a suit can properly be filed is called "venue." Venue in Jones Act cases exists in the district where the employer resides or has its principal office. A non-seaman's tort claim against a vessel owner may usually be filed in the district, city, or parish where the defendant resides or where the acts or omissions giving rise to the claim occurred. Determining where venue is proper may be different under state and federal law.

Can a plaintiff seize a vessel to enforce a judgment or award?
Yes. This process is called "seizure" or "arrest" of a vessel. It can only be accomplished through filing an in rem (against property) proceeding in the district where the vessel is located. Upon filing the proper pleadings and verifying the right to seize or arrest the vessel, the injured party's agent serves and "arrests" the vessel, so that it is no longer free to leave the court's jurisdiction until the proceedings are resolved or bond is posted to cover the potential award.

Who can sue for the wrongful death of a maritime or offshore worker?
Although it depends on whether the wrongful death claim arises under the Jones Act, Death on the High Seas Act, general maritime law, or state law, typically, legal beneficiaries who can sue for wrongful death damages include a surviving spouse, children, parents, and other dependent relatives. This changes slightly depending on the applicable legal scheme and remedies.

What is maintenance and cure?
Maintenance is daily pay to injured seamen who are unable to work pursuant to a doctor's orders. Maintenance is to cover the costs of food and shelter that the seaman would have received aboard the vessel while on duty. Maintenance rates typically range from $20 to $40 per day.

Cure includes medical care, to the point of maximum improvement, for example costs of doctors, hospitals, prescription drugs, therapy, nursing services, and other necessary treatment in the course of recovery.