Mariners engage in some of the most dangerous work in the world. Surprisingly, they are not protected under the same laws that protect land-based workers when they are injured. If a mariner is injured, he or she may not be able to apply for state or federally-sponsored workers’ compensation benefits. Recognizing this disparity, the federal government enacted the Jones Act, also known as the Merchant Mariners Act of 1920.
The Jones Act enables qualified seamen who are injured to obtain compensation for their injuries incurred while on the job. Not every employee that engages in work on or near the water qualifies for Jones Act protection though. We’ll talk about the factors that make one eligible for Jones Act protections here. But, if you have been injured and work in the maritime industry, you should speak with an experienced Jones Act attorney.
What is a Qualified Seaman?
A maritime employee is considered a qualified seaman if he or she spends at least thirty-percent of their time working in service of the mission of a qualified vessel in navigable waters. The Jones Act protects seamen of any rank or station, including:
- Cooks
- Fishermen
- Stewards
- Captains
- Engineers
- Mates
- Deckhands
- Pilots
- Drillers
- Bartenders
Anyone who performs regular work on a qualified vessel while it is in navigable waters may be protected. The key is that the work is regularly performed on the vessel. If administrative personnel, who typically work onshore, comes aboard the vessel for the day and becomes injured, they would likely not be protected under the Act.
What Is a Qualified Vessel?
A part of being deemed a qualified seaman is performing work on a qualified vessel. A Jones Act vessel may be any marine vessel that transports passengers or goods and is capable of operating in navigable waters. Previously, the Jones Act specified qualified vessels as having:
- lifeboats or life saving equipment,
- bilge pumps,
- navigational aids,
- a raked bow,
- crew quarters or
- Coast Guard registration
Today, the law simply defines a qualified vessel as “every description of Watercraft or other artificial contrivance used or capable of being used, as a means of transportation on water.” This means that special purpose vessels like floating casinos, docks, floating dorms, mobile offshore drilling rigs and other non-traditional vessels may be considered protected.
It is important to note that the vessel must be owned by an American citizen or company in order to qualify as a Jones Act vessel.
Jones Act Protections
If you are a qualified seaman under the Jones Act and you are injured while working on a qualified vessel, you have the right to obtain maintenance and cure compensation, which covers living expenses, transportation and medical expenses while you are injured, regardless of who is at fault for the accident. If some form of negligence on the part of the owner or operator can be shown as the cause of the injury, you have the ability to sue for negligence. Compensation available may include lost wages, pain and suffering, punitive damages and more.
Determining whether you qualify for protection under the Jones Act can be confusing. It’s best to talk with an experienced Jones Act attorney to see what your options are. Contact our office at 361.LAWYERS (361-529-9377) today for a free initial case consultation.
