Jones Act Claims

To qualify as a seaman under the Jones Act, you must be assigned to a vessel or fleet of vessels in navigation and spend a substantial portion of your work time (generally 30% or more) aboard the vessel. Qualifying vessels include cargo ships, tankers, tugboats, barges, fishing vessels, cruise ships, offshore supply vessels, and other watercraft. The determination of seaman status can be complex and is often disputed by employers.

Under the Jones Act, an injured seaman can recover damages if their employer's negligence — even slight negligence — contributed to their injury. Employer negligence can include providing an unsafe work environment, failing to maintain the vessel in a seaworthy condition, inadequate crew training or staffing, and failure to provide proper equipment or safety gear. The standard of negligence under the Jones Act is lower than in typical personal injury cases, making it a powerful tool for injured seamen.

In addition to a Jones Act negligence claim, injured seamen may also bring an unseaworthiness claim against the vessel owner. A vessel is considered unseaworthy if the vessel itself, its equipment, or its crew are not reasonably fit for their intended purpose. Unseaworthiness claims do not require proof of negligence — only that an unseaworthy condition caused or contributed to the injury.

Regardless of fault, all injured seamen are entitled to maintenance (a daily living allowance) and cure (medical treatment) until they reach maximum medical improvement. Failure by the employer to promptly pay maintenance and cure can result in punitive damages and attorney's fees. Our attorneys will immediately demand maintenance and cure on your behalf if you've been injured at sea.