Jones Act

Offshore worker injuries often qualify for Jones Act protection.

The Jones Act is intended to address the specific cases that put vessel crew members and other seamen at risk of injury. The law has changed and evolved over time so that professions not previously under its jurisdiction now may benefit from its provisions. Depending on the circumstances, rig workers and general tradesmen injured in an offshore or maritime accident may qualify.

The Jones Act may apply to workers injured in a barge accident, dock accident, or a rig or platform accident.

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Learn more about the Jones Act and seaman claims

The Jones Act is a federal law that provides potential remedies to injured seamen against their employers if they were injured while working in the service of their employer's vessel. Under the Jones Act, the employer of a seaman may be liable for damages, including pain and suffering, if it fails to furnish an injured seaman with a safe place to work. Because the Jones Act does not define "seaman," determining who is a Jones Act seaman can often be a complicated legal question. Generally, a "seaman" is a member of a vessel's crew who is exposed to the "perils of the sea" as part of his 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. One rule of thumb test for whether an individual is a Jones Act seaman is whether the person worked 30% of his time aboard a "vessel in navigation."

Employers often fight Jones Act seaman status in litigation because seamen are considered protected "wards of the court" and potentially are entitled to types of compensation not available to other types of employees or workers. For example, most workers are not entitled to pain and suffering damages from their employers. And, even if there is no fault or negligence, a Jones Act employer must provide "maintenance and cure" to a seaman who is hurt while in the service of the employer's ship or vessel. Maintenance and cure provides benefits to an injured seaman much like health and accident insurance. There are penalties as well if an employer does not provide an injured seaman with maintenance and cure benefits.