Working in the maritime industry is a dangerous way to make a living. The Jones Act protects injured maritime workers and holds employers accountable for negligence. If you’ve been injured, legal advice is available to help you get the compensation you’re entitled to under the law. Don’t delay—your livelihood and future depend on you doing the right thing.
What is the Jones Act?
The American Merchant Marine Act of 1920, also known as The Jones Act, is a federal law established after the First World War that serves two purposes. The first is the regulation of domestic shipping to protect national security. The second is to protect maritime workers, specifically seamen, by allowing them to sue their employers for injuries caused by negligence. In addition to providing the right to sue for negligence, the Jones Act works in conjunction with general maritime law to guarantee maintenance and cure. This no-fault benefit covers basic living expenses and medical care while you recover from your injuries. However, accessing these rights can be difficult. Employers and insurance companies may challenge your claim or try to minimize your compensation.
Why Don’t Seamen Qualify for Workers’ Compensation?
Seamen injured while working aboard a vessel cannot file for workers’ compensation because state workers’ compensation laws specifically exclude maritime workers.
Instead, the Jones Act and general maritime law provide protections tailored to the risks of working at sea. Here’s why workers’ compensation doesn’t apply to seamen:
- Jurisdictional Issues: Workers’ compensation laws are state-based, while seamen often work in federal waters, international waters, or across multiple jurisdictions. State systems don’t have the reach to cover injuries in these environments.
- Unique Work Conditions: Maritime work involves risks that land-based workers rarely face, such as rough seas, isolated work environments, and the dangers of working on or near heavy, rocking, and unstable equipment. These challenges require specialized legal protections beyond what workers’ compensation offers.
How Does the Jones Act Differ from Standard Workers’ Compensation?
The Jones Act fundamentally differs from workers’ compensation systems like Washington State’s L&I.
Workers’ compensation operates on a no-fault basis, providing benefits regardless of who caused the injury, but it significantly limits the types of damages you can recover. Compensation through systems like L&I typically covers medical expenses and a portion of lost wages but excludes non-economic damages such as pain and suffering.
The Jones Act is a fault-based system that requires proving that your employer’s negligence—such as failing to provide a safe work environment or maintain equipment—contributed to your injury. However, it allows seamen to recover a broader range of damages (more money), including pain and suffering, emotional distress, lost wages, and future earning capacity.
Additionally, maritime law provides injured seamen with maintenance (living expenses) and cure (medical care) while they recover, regardless of fault. Workers’ compensation systems don’t offer equivalent benefits and often have stricter limitations.
Who is Eligible to File a Jones Act Claim?
Not every maritime worker qualifies to file a claim under the Jones Act, so understanding your eligibility is critical.
To file a claim, you must be classified as a “seaman.” This means you spend a significant amount of your work time contributing to the function or mission of a vessel in navigation. It doesn’t matter whether you’re on a cargo ship, fishing boat, oil rig, or tugboat—if your job ties directly to the vessel’s operation, that is what is important.
How Do I Prove My Eligibility for a Jones Act Claim?
Proving your eligibility for a Jones Act claim requires demonstrating that you meet the legal definition of a “seaman.” This isn’t always straightforward, especially when employers or insurance companies try to dispute your status. To qualify, you must prove three key points:
- You Worked on a Vessel in Navigation: The vessel must be operational, afloat, and capable of moving on navigable waters. It doesn’t have to be actively sailing but must serve a maritime purpose.
- Your Job Contributed to the Vessel’s Mission: Your duties must directly support the function or purpose of the vessel, whether that’s transporting goods, catching fish, or assisting in oil production.
- You Had a Substantial Connection to the Vessel: You spent significant time aboard the vessel or a fleet of vessels owned by the same employer. Courts generally interpret this as at least 30% of your work duties tied to the vessel.
Collecting documentation is critical to proving you meet the legal definition of a “seaman” and establishing your connection to the vessel, including
- Employment contracts
- Job descriptions
- Payroll records
- Witness statements
Employers might attempt to downplay your role or argue that you worked too infrequently on the vessel to qualify, so having a knowledgeable attorney build your case can be the difference between winning and losing your claim.
What Injuries Are Covered Under the Jones Act?

Somebody’s going to get hurt.
Here are some common scenarios where workers may file Jones Act claims
Slips and Falls on Deck | Wet surfaces, unsecured equipment, loose rigging, and poor lighting are frequent hazards aboard vessels. |
Equipment Failures | Injuries caused by defective machinery, poorly maintained tools, or lack of proper safety guards fall under employer responsibility. |
Inadequate Training | Maritime work demands specialized skills. If an employer fails to provide sufficient safety training, they can be held liable. |
Unsafe Working Conditions | Hazards like unsecured cargo, unguarded machinery, and improperly maintained walkways can lead to serious accidents. |
Fatigue or Overwork | Maritime schedules are grueling, but pushing workers beyond safe limits can result in preventable injuries. |
Falling Overboard | Workers falling overboard due to a lack of safety rails, faulty equipment, or other preventable hazards may have a strong claim. |
Injuries During Evacuations | Emergency protocols that are poorly implemented or inadequately planned can lead to severe injuries during evacuations. |
Exposure to Harmful Substances | Chemical spills, toxic fumes, or prolonged exposure to hazardous materials without proper protective gear are grounds for claims. |
Collisions and Groundings | Accidents involving vessel collisions, groundings, or other navigational errors caused by negligence can lead to significant injuries. |
Fires and Explosions | Vessel fires or explosions caused by faulty equipment, improper storage of flammable materials, or failure to follow safety protocols. |
Defective Safety Gear | If personal protective equipment (PPE) such as life vests or helmets fails to work correctly, it could constitute employer negligence. |
Lack of Proper Medical Attention Onboard | Failure to provide appropriate medical care or delay in accessing emergency treatment may also be grounds for a claim. |
What Types of Damages Can I Recover With a Jones Act Injury?
One of the most significant benefits of filing a Jones Act claim is the ability to recover a wide range of damages. These include financial and non-financial losses that affect your quality of life. Here’s what you may be entitled to:
Economic Damages | Non-Economic Damages | Punitive Damages (in Certain Cases) |
Medical Expenses: Coverage for current and future medical costs related to your injury, including surgeries, physical therapy, and medications. | Pain and Suffering: Compensation for the physical and emotional pain caused by your injury. | If your employer’s actions were particularly reckless or intentional, you may be eligible for punitive damages, which are meant to punish the wrongdoing and deter future negligence. |
Lost Wages: Compensation for income lost while you’re unable to work, as well as loss of future earning capacity if your injury affects your ability to return to your previous job. | Mental Anguish: Damages for psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). | |
Maintenance and Cure: Payment for basic living expenses (maintenance) and medical care (cure) while you recover. |
What is “Maintenance and Cure,” and How Does It Work?
Under the Jones Act, maritime workers are entitled to “maintenance and cure” benefits after a workplace injury. These benefits are designed to provide financial support while you recover, regardless of who was at fault for the accident.
- Maintenance refers to the daily living expenses required to sustain you while you cannot work. This includes costs like rent, utilities, and groceries. Employers must pay maintenance until you’ve reached maximum medical improvement (MMI)—when your condition is stable, even if you’re not fully healed.
- Cure covers your medical expenses related to the injury, including doctor visits, hospital stays, surgeries, physical therapy, and medications. These payments continue until MMI is reached.
Challenges with Maintenance and Cure
While these benefits are your legal right, many employers and insurance companies try to reduce or deny them. Common tactics include:
- Offering payments far below the actual cost of living.
- Claiming your medical treatment isn’t necessary or related to the injury.
- Attempting to terminate benefits prematurely by disputing MMI.
If your employer isn’t providing fair maintenance and cure, you don’t have to put up with that. A Jones Act attorney can hold them accountable, ensuring you receive the full benefits you’re entitled to during your recovery.
Can I File a Third-Party Claim Alongside a Jones Act Claim?
It’s possible to file a third-party claim in addition to a Jones Act claim, but they are separate legal actions.
A Jones Act claim holds your employer accountable for negligence that caused your injury. A third-party claim is an additional personal injury lawsuit against another party responsible for contributing to the same accident.
Filing a third-party claim allows you to recover compensation beyond the scope of the Jones Act, ensuring you maximize your recovery by holding all responsible parties accountable. Examples of potential third-party claims include:
- Equipment Manufacturers: If defective machinery or tools caused your injury, you could file a claim against the manufacturer.
- Subcontractors: If an independent contractor creates unsafe conditions, they can be held liable.
- Other Vessel Operators: If a collision or accident involves another vessel, its operator may be at fault.
Can I File a Jones Act Claim If I Was Partially at Fault for the Accident?

Yes, you can still file a Jones Act claim even if you were partially at fault for the accident. Maritime law awards operate under a comparative negligence standard, which means your compensation will be reduced by the percentage of fault assigned to you.
- For example, if your total damages are $100,000 and you are found to be 20% at fault, you should still receive $80,000. This system ensures that injured seamen can recover damages even if their actions contributed to the accident.
Employers often use comparative negligence as a strategy to reduce payouts. They may argue you ignored safety protocols, misused equipment, or failed to report unsafe conditions.
These claims can unfairly shift blame onto you. A skilled Jones Act attorney can challenge these arguments and focus on proving your employer’s negligence. Don’t let partial fault stop you from seeking the compensation you deserve.
How Long Do I Have to File a Jones Act Claim?
The time limit for filing a Jones Act claim, known as the statute of limitations, is three years from the date of your injury. While this may seem like plenty of time, do not delay the process. Waiting too long can weaken your case in several ways. Memories fade, and evidence disappears over time. Also, rare exceptions exist to the three-year limit, such as if your injury symptoms develop over time or your employer actively misleads you about your rights. However, these exceptions are difficult to prove and shouldn’t be relied upon. The sooner you act, the better your chances of securing full compensation.
How is the Jones Act Different from the Longshore and Harbor Workers’ Compensation Act?
While the Jones Act provides protections for seamen, the Longshore and Harbor Workers’ Compensation Act (LHWCA) covers other maritime workers, such as dockworkers, shipbuilders, and harbor workers, who are not classified as seamen. The key differences include:
- Who’s Covered: The Jones Act applies to seamen who work aboard vessels, while the LHWCA covers maritime workers who perform land-based duties near navigable waters.
- Fault vs. No-Fault: The Jones Act requires proving employer negligence, whereas the LHWCA operates as a no-fault system, similar to state workers’ compensation laws.
If you’re unsure whether your injury falls under the Jones Act or the LHWCA, consulting with an experienced maritime attorney is essential. They can help determine which law applies and ensure you receive the benefits or compensation you’re entitled to.
What Should I Look for in a Jones Act Attorney?
Choosing the right attorney for your Jones Act claim can make or break your case. Maritime law is complex, and employers and insurance companies often have an army of lawyers working to limit your compensation. Here’s what to look for when hiring an attorney:
- Experience with Maritime Law: Not all personal injury attorneys can handle Jones Act claims. Look for a lawyer specializing in maritime law and with a proven track record of handling cases like yours.
- Ability to Prove Negligence: The Jones Act requires you to show that your employer’s negligence contributed to your injury. A good attorney can investigate the incident, collect evidence, and build a compelling case.
- Knowledge of Maintenance and Cure Disputes: Maintenance and cure benefits are often underpaid or unfairly denied. You want an attorney who is skilled at negotiating and litigating to ensure you receive the full support you’re entitled to.
- Strong Advocacy in Court: While many Jones Act claims settle out of court, some cases require litigation. Choose an attorney with trial experience who won’t hesitate to fight for you if a settlement offer falls short.
- Clear Communication and Accessibility: Your attorney should keep you informed at every step of the process. If they’re hard to reach or don’t explain things clearly, that’s a red flag.
Reach Out Today for Free Legal Information About Your Jones Act Claim
If you’ve been injured while working at sea, don’t let employers or insurance companies take advantage of you. Under the Jones Act, you have powerful legal rights, but time is not on your side. The sooner you act, the stronger your case will be.
Get legal help. Experienced attorneys understand your challenges and will fight to secure the compensation you deserve. Whether you need help proving your eligibility, understanding your rights, or navigating the claims process, they will stand by your side every step of the way. Call or write today to schedule a free consultation. Discuss your case, get your questions answered, and ensure your rights and economic security are protected.