The Jones Act, or Section 27 of the Merchant Marine Act of 1920, is a crucial piece of federal legislation designed to protect the rights of maritime workers injured in the course of their employment. It empowers these workers to sue their employers for negligence, opening up a legal pathway for compensation that wouldn’t otherwise exist. Here are a few tips from a maritime lawyer in Houston, TX, on how to know who qualifies for compensation under the Merchant Marine Act.
Who Qualifies for Compensation Under the Jones Act? Tips from a Maritime Lawyer in Houston, TX
Understanding the Concept of “Seaman”
The cornerstone of the Merchant Marine Act is the definition of a “seaman,” since it’s the key to understanding who qualifies for compensation. Unlike traditional definitions of a sailor, the Act has a broader interpretation of what constitutes a seaman. To be considered a seaman, two major criteria must be met: connection to a vessel in navigation and s
ubstantial time spent onboard.To show a clear connection to a vessel in navigation, a seaman must contribute to the work or mission of a vessel in navigation. “Vessel” is broadly defined and can include ships, barges, dredges, drilling platforms, and various other waterborne structures. “In navigation” means the vessel is afloat, operational, and capable of moving, even if not actively doing so at the time of the injury.To qualify as a seaman, a worker must also spend a significant portion of their work time (generally understood to be at least 30%) contributing to the function of a vessel or an identifiable fleet of vessels under common ownership. This time commitment reinforces the connection between the worker and the vessel. However, there’s no minimum number of days required for seaman status.
Beyond the Obvious
While captains, mates, and deckhands on a traditional ship easily qualify as seamen according to the Act, the law’s scope extends further. Commercial divers may also be considered seamen if they perform a significant portion of their work on vessels. Commercial fishermen may as well if they are essentially
crew members on fishing vessels handling the catch and the vessel’s upkeep.Engineers might also qualify if they spend a significant amount of their working time maintaining and operating a vessel’s engine or equipment. Cooks, stewards, and other personnel responsible for the daily meals and maintaining the living quarters of crew members would also be considered seamen, since their roles are integral to
vessel operation.
Importantly, the Act can apply to a “fleet” of vessels under common ownership or control. This means that even if a worker spends their time on multiple vessels, they may still qualify as a seaman if the vessels they work on belong to the same entity.
Factors Disqualifying Workers from Protection under the Act
Land-Based Workers
The Merchant Marine Act primarily protects those who perform work directly on or in support of a vessel. Workers whose duties are primarily land-based, even if employed by a maritime company, typically don’t qualify. For example, office workers, shipyard workers before a vessel is launched, or dockworkers loading and unloading cargo are generally not considered seamen.
Workers on Fixed Platforms
Workers assigned to permanently fixed offshore structures, such as oil rigs anchored to the seabed, often do not fall under the Act. Courts analyze these cases on an individual basis, considering factors like whether the platform is capable of movement or primarily acts as a work station.
Independent Contractors
The Merchant Marine Act primarily focuses on the employer-employee relationship. Independent contractors who are not directly employed by a vessel owner or operator might not qualify as seamen.
Foreign Workers on Foreign Vessels
The Act is designed to protect American maritime workers. Foreign workers injured on foreign vessels in international waters aren’t usually covered by this legislation.
Grey Areas and Case-by-Case Determinations
The determination of seaman status is not always straightforward. There is a significant amount of legal interpretation involved, and courts often examine cases individually, considering a number of factors in making the decision.
One of the main considerations in determining whether a worker qualified as a seaman is identifying the duties of that job and the extent to which they relate to the vessel’s function are crucial. A worker who occasionally performs some vessel-related tasks alongside mainly land-based work may not qualify.
Another major factor to be considered is that of temporary assignment. Workers temporarily assigned to a vessel may or may not be considered seamen, depending on the duration and nature of their assignment. Workers on vessels undergoing major construction or out of service for extensive repairs may also not meet the “in navigation” requirement.
The Jones Act and Negligence
A crucial aspect of the Act is that injured seamen seeking compensation must prove their employer’s negligence played a role in the accident. Negligence under the Merchant Marine Act can take many forms. One example is an employer requiring a seaman to perform duties in unsafe work conditions: if the employer failed to provide proper safety equipment, maintain the vessel in a seaworthy condition, or address known hazards. Another form of negligence can be inadequate training: employers have a responsibility to ensure workers are adequately trained for their duties and understand safety procedures.
Understaffing may also be considered negligence on the part of the employer, since forcing a crew to work beyond their capacity with insufficient manpower can lead to dangerous situations and accidents. Another instance of an employer’s failure to care for their workers is a failure to enforce safety protocols: even well-established safety rules are useless if vessel owners or operators fail to enforce them consistently.
Maintenance and Cure
Seamen are also entitled to something called “maintenance and cure.” “Maintenance” is a daily living allowance to cover basic expenses while a seaman recovers from their injuries. “Cure” is the cost of necessary medical treatment related to the injury until the seaman reaches the point of “maximum medical improvement.” These benefits are available regardless of fault, providing essential financial and medical support during recovery.
What to Do if You Are a Seaman and Have Been Injured
Seek Immediate Medical Attention
Get appropriate medical care immediately and document your injuries thoroughly.
Report the Accident
Inform your employer about the accident as soon as possible. Follow your company’s reporting procedures and keep records of your report.
Consult a Maritime Attorney
An experienced lawyer specializing in maritime law can protect your rights. They’ll help you understand the legal process, gather evidence, establish your seaman status, prove negligence, and maximize the compensation you may be entitled to.
If you’re a maritime worker who has suffered an injury, consult an experienced maritime attorney for assistance go assess your individual circumstances, determine if you meet the Jones Act’s requirements, and guide you through the legal process.
