Jones Act Lawyer for Injured Seamen
The Jones Act is a strong federal law that lets injured seamen sue their employer for negligence and recover full damages, including pain and suffering, that regular workers' compensation does not pay. If you are a seaman who was hurt while working on a vessel, the Jones Act may be your most important legal tool. The maritime attorneys at Templer & Hirsch are experienced Jones Act lawyers who represent injured seamen across the country. In our experience, the real fight in most Jones Act cases is not whether you were hurt, it is whether the company treats you as a seaman at all, and settling that question early can change the entire outcome.

Who Qualifies as a Seaman Under the Jones Act?

To count as a seaman under the Jones Act, you must be assigned to a vessel or a fleet of vessels in navigation and spend a good part of your work time, generally 30% or more, aboard the vessel. Qualifying vessels include cargo ships, tankers, tugboats, barges, fishing boats, cruise ships, offshore supply boats, and other watercraft. Deciding who counts as a seaman can be tricky, and employers often fight it.

Jones Act Negligence Claims

Under the Jones Act, an injured seaman can recover money if the employer's negligence, even a small amount, played any part in the injury. That negligence can include an unsafe workplace, a vessel that was not kept seaworthy, too little crew training or staffing, or missing equipment and safety gear. The bar for proving negligence is lower than in a typical injury case, which makes the Jones Act a powerful tool for hurt seamen.

Unseaworthiness Claims

On top of a Jones Act negligence claim, an injured seaman can also bring an unseaworthiness claim against the vessel owner. A vessel is unseaworthy if the ship, its equipment, or its crew are not reasonably fit for the job. These claims do not require proof of negligence, only that the unsafe condition helped cause the injury.

Maintenance & Cure

No matter who is at fault, every injured seaman is owed maintenance, a daily living allowance, and cure, or medical care, until they reach maximum medical improvement. If an employer drags its feet on paying maintenance and cure, it can be hit with extra penalties and attorney fees. If you were hurt at sea, we demand maintenance and cure right away so the bills do not fall on you.

The Jones Act Gives Seamen Rights Ordinary Workers Don't Have

The Jones Act (46 U.S.C. § 30104) is a federal law that lets a "seaman" injured on the job sue their employer for negligence, something land-based workers on workers' compensation generally cannot do. It is federal maritime law, not Florida negligence law, and it comes with its own deadline and its own definition of who qualifies.

Deadline to sue: Jones Act vs. a Florida land injury

Jones Act (federal)
3 years
Florida negligence
2 years

Jones Act claims generally have a three-year statute of limitations (46 U.S.C. § 30106), longer than Florida's two-year injury deadline, but different rules apply and some claims must be brought sooner. Confirm your deadline early.

3 yrsTypical deadline to file a Jones Act claim
~30%Time in service of a vessel to qualify as a seaman
No-fault"Maintenance and cure" owed regardless of blame

Who counts as a "seaman"? Courts generally look at whether a worker spends about 30% or more of their time in service of a vessel in navigation (the standard from the Supreme Court's Chandris v. Latsis decision). Separately, every seaman is owed maintenance and cure, daily living costs and medical care, no matter who caused the injury. If you may instead be a dock or harbor worker, see our longshore injury and admiralty & maritime pages.

Where We Handle Jones Act Lawyer for Injured Seamen Cases

We represent injured maritime workers along Florida's coast and nationwide. Our South Florida areas include:

Frequently Asked Questions

Who qualifies as a seaman under the Jones Act?

Generally, a worker who contributes to the work of a vessel in navigation and spends a substantial part of their time (courts often look at roughly 30% or more) in service of that vessel or fleet. Captains, deckhands, engineers, and many offshore crew members can qualify. The exact analysis is fact-specific.

How is the Jones Act different from workers' compensation?

Workers' compensation is no-fault but bars most lawsuits against your employer. The Jones Act lets a seaman sue the employer for negligence and recover fuller damages, including pain and suffering, while also guaranteeing maintenance and cure regardless of fault.

What is maintenance and cure?

It is a seaman's right, owed no matter who was at fault, to daily living expenses (maintenance) and necessary medical treatment (cure) until reaching maximum medical improvement. An employer who wrongly withholds it can face additional liability.

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

The statute of limitations is generally three years (46 U.S.C. § 30106), but shorter contractual or notice deadlines can apply depending on the employer and vessel, so it is best to get advice quickly.

Why Choose Templer & Hirsch?

  • Deep expertise in Jones Act negligence and unseaworthiness claims
  • Immediate demand for maintenance and cure
  • Lower standard of proof than typical personal injury: we use this to your advantage
  • Nationwide representation of injured seamen
  • No fee unless we recover compensation for you

Explore more ways Templer & Hirsch can help, and use our settlement calculators for federal maritime claims.

See What Your Settlement Could Be Worth → Estimate weekly DBA compensation in minutes. See What Your Settlement Could Be Worth → Estimate LHWCA benefits for injured maritime workers.

If you or a loved one has been injured, the most important step you can take is to speak with an experienced attorney as soon as possible. Call Templer & Hirsch today for a free, confidential consultation. We are ready to help.

Sources & further reading (verify before relying on them)

This page is general information, not legal advice. Laws change; confirm the current statute and speak with an attorney about your situation.