Jones Act & Maritime Law FAQs

Get answers to common questions about the Jones Act, Maritime Law, and Injury to Seamen.

1. How do I know if I am covered under the Jones Act?

The Jones Act applies to seamen who are working in service to a vessel in navigation. This does not mean that the vessel must be moving, it simply means the vessel must be in active operation. To qualify as a Jones Act seaman, an employee must have a substantial connection to a single vessel or fleet of vessels. The Jones Act requires that the injured seaman prove that negligence of the vessel owner, master, crewmember or employer or an unsafe condition caused or contributed to his injury.

2. What is a Jones Act vessel?

The answer to this question changed in 2005. At that time, the U.S. Supreme Court expanded the definition of a vessel to include every description of watercraft or artificial structure capable of being used for transportation on water. As such, the term vessel is no longer restricted to conventional watercraft such as ships, barges, tugs and special purpose vessels such as jack-up and semi submersible drilling rigs and other mobile offshore drilling units. The term “vessel” has been expanded to include unpowered floating structures such as dredges and pontoon rafts.

3. Why do I need a maritime injury attorney?

Unlike state workers’ compensation claims or even claims pursued under the Longshore and Harbor Workers’ Compensation Act, there is no administrative body that oversees your Jones Act claim. Instead, claims covered by the Jones Act must be filed in state or federal court. Although some claims may be settled in pre-litigation negotiations, the only way to preserve your right to pursue a claim is to file a lawsuit. If you are not ready to consider litigation, you should still consult with an experienced maritime injury attorney to discuss your rights and the merits of your maritime injury claim.

In many instances, your company may ask you to sign an agreement or release in exchange for payment of unearned wages, maintenance or medical benefits. It is imperative that you have any documents you are given reviewed by a competent maritime attorney before signing them so that you do not waive any of your rights of recovery.

Perhaps the most important reason that you need an attorney, is the fact that your employer and his insurance company have teams of lawyers representing them and consulting them throughout this process. The goal of their attorneys is to dispose of your claim as cheaply as possible. The only way to level the playing field with your employer or the insurance company is to have an experienced attorney representing your interests. As an injured employee, you are new to the process, whereas your employer, his insurer and their attorneys deal with these cases on a regular basis. It is critical to the outcome of your claim that you have a team who regularly handles Jones Act claims.

Because Jones Act claims are pursued through the litigation process, it is essential to consult with and select an experienced maritime attorney with a proven record of success. When choosing a maritime injury law firm or a specific attorney, you should inquire about the number of cases they have tried. Do not allow an attorney to dance around your questions, you need to select an attorney who is prepared to give honest, direct answers to all of your inquiries.

4. How long do I have to file my maritime injury claim?

The statute of limitations in a Jones Act or general maritime claim is generally three years from the date of injury. The time limit may be shorter in certain circumstances and specific notice requirements may apply to your case so it is important to consult with an experienced maritime attorney to discuss your individual claim and the limitations that apply.

5. How much is my maritime injury case worth?

The answer to this question is quite simply, it depends. There are many factors that are considered when valuing a Jones Act claim. Some of the factors used to determine the value of your Jones Act claim include but are not limited to past wage loss and loss of future earning capacity, past and future loss of fringe benefits, physical disfigurement, physical pain and suffering and many others. It is crucial that you consult with a competent and experienced maritime attorney who will listen to the facts of your case and help you determine your claim’s value rather than depending on your own calculations.

6. What is an unseaworthiness claim?

If an unsafe condition aboard a vessel causes or contributes to an injury, then the injured party may be entitled to recovery under an unseaworthiness claim. A vessel owner owes an absolute duty to provide a seaworthy vessel to all who enter his vessel. This includes maintaining the safety of the whole of the vessel and all its appurtenances. Maintaining the safety of the vessel includes the duty to properly man, equip, and supply the vessel. Proper manning involves providing an adequate crew that is properly trained. The vessel should be adequately supplied and all equipment must be in safe working order.

If a seaman is injured in a slip and fall accident as a result of a substance spilled on the deck, gangplank or any other vessel surface, he may have an unseaworthiness claim. Worn out ropes and lines may lead to an unseaworthiness claim. If the actions of an improperly trained employee causes or contributes to the injury of a seaman, he may be entitled to recovery for unseaworthiness in addition to the negligence claim under the Jones Act. A claim for unseaworthiness may be pursued together with or independent of a Jones Act negligence claim.

7. What is maintenance and cure?

Maintenance and cure are two of the benefits provided under general maritime law. These benefits are owed to any seaman who is injured or becomes ill while in service to a vessel, regardless of fault. A maritime employer has an absolute duty to provide maintenance and cure benefits to a sick or injured seaman.

The maintenance benefits are intended to provide for the seaman’s reasonable room and board while recovering. While many employers still insist on paying outdated maintenance rates of $15-45 per day, the current trend within the courts is requiring employers to provide a maintenance rate sufficient to cover the seaman’s basic living expenses such as rent or mortgage, utilities, food and transportation.

Cure benefits include all expenses incurred by the seaman for reasonable and necessary curative medical treatment. An employer cannot require an injured seaman to treat with a company doctor or place any restrictions on the medical treatment they will cover, other than the basic restrictions set forth under general maritime law. Essentially, an injured seaman may treat with doctors of his choosing and the medical treatment plan will be determined based on the recommendations of the treating physician.

Maintenance and cure benefits are owed until the seaman reaches maximum medical improvement or MMI.

8. What is maximum medical improvement or MMI?

Maximum medical improvement or MMI is the point in a seaman’s treatment when his condition will no longer improve with medical intervention. This is the point at which any further treatment serves only to make the seaman more comfortable and does not actually change or improve his physical condition. Upon reaching MMI, the employer’s duty to provide maintenance and cure ends.

9. What is General Maritime Law?

Before the Jones Act, the General Maritime Law was created from court decisions that determined the rights of seamen. A ship owner’s duty to provide a seaworthy vessel and a seaman’s right to receive maintenance, cure and unearned wages are among the developments of general maritime law. The benefits afforded under general maritime law remain important to seamen today.

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