I was hurt working on a boat or vessel. Am I a Jones Act seaman?

Seamen have their own law

Workers who are injured on vessels are not covered by Texas workers' comp in the usual way. If you qualify as a seaman, federal maritime law gives you three separate rights: a claim against your employer for negligence under the Jones Act, a claim against the vessel owner for an unseaworthy vessel, and maintenance and cure, the daily living allowance and medical care owed while you recover. Deckhands, tankermen, tugboat and towboat crews, dredge workers, supply-boat crews, offshore rig crews and fishing crews often qualify.

Who counts as a seaman

The U.S. Supreme Court set the test in Chandris v. Latsis (1995). You must:

• contribute to the function or mission of a vessel, which most crew jobs do; and
• have a connection to a vessel in navigation, or an identifiable fleet of vessels, that is substantial in both duration and nature.

As a rule of thumb, a worker who spends less than about 30% of his time in the service of a vessel in navigation generally should not qualify. "Vessel" is broader than people think: tugs, barges, dredges, supply boats, crew boats, jack-up rigs and drillships can all be vessels. Fixed offshore platforms are not. If you were hurt on a platform.

The Jones Act: a lower bar for proving fault

The Jones Act lets a seaman sue his employer, with a jury, for negligence. It borrows the standards of the federal law for railroad workers, under which the employer is responsible if its negligence played any part, even the slightest, in causing the injury. Negligence can be unsafe orders, inadequate crew, poor training, failing to provide safe equipment or a safe place to work, or pushing work in dangerous weather. Your own carelessness can reduce what you recover, but it does not bar the claim.

Unseaworthiness

Separately, the vessel owner must provide a vessel that is reasonably fit for its intended use: sound equipment, safe working surfaces, adequate crew and proper procedures. If the vessel wasn't, the owner is responsible even without proving negligence. Punitive damages are not available for unseaworthiness, but they can be for willfully refusing to pay maintenance and cure.

Maintenance and cure

From the day you are hurt, your employer owes you maintenance, a daily amount for food and lodging, and cure, your medical care, until you reach maximum medical improvement. Fault doesn't matter. Companies sometimes pay too little or cut it off early. What maintenance and cure covers.

The evidence we go after

• The vessel's logs, the accident report and crew statements, including any you were asked to sign.
• Maintenance and inspection records for the equipment involved, and Coast Guard records.
• Weather and sea conditions, and the orders given that day.
• Video, photos and the equipment itself.
• Your work history on vessels, which proves seaman status.

What a claim can cover

A Jones Act or unseaworthiness claim can cover what workers' comp never does: past and future lost earnings, lost earning capacity, medical care, pain, mental anguish and physical impairment. Maintenance and cure are owed on top of that while you recover. What a case is worth depends on the injuries, your work at sea, future care and the evidence of fault. No honest lawyer can put a number on it before reviewing those facts, and we never promise a result.

How these cases unfold

After an injury at sea or on the water, the company usually starts its investigation immediately, often with an accident report, crew statements and a visit from its adjuster. The U.S. Coast Guard may investigate serious marine casualties. In the first weeks, our job is to make sure maintenance and cure is being paid, demand that logs, video and equipment be preserved, and get you to doctors you trust. Then come the experts, such as marine safety experts, doctors and economists, followed by negotiations or a lawsuit. Many maritime cases resolve in one to three years.

Be careful what you sign

After an injury, companies often ask seamen to sign an accident report or a statement quickly, sometimes before seeing a doctor. Describe what happened accurately and completely, and don't sign a release or a settlement before you understand your rights. Maritime injury claims generally must be filed within three years. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. Maritime cases have their own rules, and when a case calls for it, he brings in experienced maritime co-counsel and the right experts.

More answers about offshore and maritime injuries

Other ways people ask this

I work on a tugboat on the Houston Ship Channel. Am I a seaman?

Very likely, if you are a crew member assigned to the tug or a fleet of vessels and spend a substantial part of your time aboard. Tug and towboat crews are classic Jones Act seamen.

I work on a jack-up rig. Is that a vessel?

Often, yes. Jack-up rigs and drillships can be vessels in navigation, which can make their crews seamen. Fixed platforms are not vessels.

Can my employer fire me for filing a Jones Act claim?

Retaliating against a seaman for pursuing injury rights can create its own claim under maritime law. Tell your lawyer if it happens.

How long do I have to file a Jones Act claim?

Generally three years from the injury. Don't wait; evidence and witnesses on vessels move fast.

Can I get workers' comp instead?

Seamen are covered by maritime law, not by Texas workers' comp in the usual way. Workers who aren't seamen may be covered by the Longshore Act or Texas workers' comp, depending on the job.

I was hurt on a barge. Does the Jones Act apply?

It can, if you're a crew member with a substantial connection to the barge or a fleet of vessels. Barges are vessels, and their crews can be Jones Act seamen.

The captain told me to keep working after I got hurt. What should I do?

Report the injury, ask for medical care and make sure it's written in the log or an accident report. Maintenance and cure begins with the injury, whatever the captain says.

Authority: 46 U.S.C. § 30104 (Jones Act) · Chandris v. Latsis (1995) · Dutra Group v. Batterton (2019) · 46 U.S.C. § 30106 (3-year deadline)