What is the Jones Act?
Understanding the Jones Act and Your Rights as a Seaman
The Jones Act, also known as the Merchant Marine Act of 1920, provides crucial protections for maritime workers who qualify as seamen. This law allows injured seamen to file negligence claims against their employers to recover compensation for medical expenses, lost wages, and pain and suffering. Learn more about our Maritime Injury Claims and Offshore Injury Legal Services.
Legal Authority & Expert Insights
Our legal team includes board-certified maritime attorneys who have successfully handled thousands of Jones Act claims. Our firm has been cited in industry publications and legal journals, demonstrating our authority in maritime law.
Who Qualifies as a Jones Act Seaman?
To be covered under the Jones Act, an individual must meet the following criteria:
- Work on a vessel in navigation (i.e., not permanently attached to the seabed, such as an oil rig or platform).
- Contribute to the mission or function of the vessel.
- Spend at least 30% of their working time aboard the vessel.
Common examples of Jones Act seamen include:
- Deckhands and crew members
- Captains and officers
- Engineers
- Fishermen and offshore supply vessel workers
For more information on related legal protections, visit our Offshore Workers’ Rights page.
Vessel
The Jones Act covers injuries that occur during the performance of one’s work on a vessel. The definition of a vessel may seem obvious but has been debated in the courts numerous times.
Traditionally a vessel has been understood as
- Cargo Ships
- Bulk Carriers
- Container Ships
- Tankers
- Chemical carriers
- Auto Carriers
- Barges
- Tugboats and towboats
- Cruise Ships
- Fishing boats and processors
- Supply boats
- Pipelay barges
- Ferryboats and other large passenger boats
- Reefer Vessels
- Livestock Carriers
- Oil Spill Response Vehicles
- Diving Boats
- Crab Boats
- Chartered Boats
- Derrick Barges
- Drill ships
- Service Boats
As the maritime industry has developed the definition of a vessel has been modified to account for new developments. A 2005 Supreme Court case helped expand the definition of “vessel”. The court ruled a dredger used in the Big Dig project in Boston qualified as a vessel. The dredger had a captain and crew and other features of normal vessel. The question was if it was “in navigation” as it was moved short distances by anchors and cables and long distances by a tugboat. The court decided it was “in navigation” because it could transport people or goods over navigable waters even if that was not the primary purpose of the vessel. The vessel does not have to possess an obvious source of self-propulsion, but just be able to move. The vessel does not have to be in motion or move often, it just has to be able to move in navigable waters.
Some of the newer classified vessels include:
- Jack-ups
- Semi-Submersibles
- Variety of Oil drilling rigs
- Floating Barges
- Dredges
- Pontoon rafts
While the 2005 Supreme Court decision greatly expanded the meaning of “vessel” to most crafts in navigable waters it does have some limitations. A 2013 Supreme Court decision in Lozman v. City of Riviera Beach established a floating home was not a vessel. The court said a reasonable person could see it was not intended to transport people or things over water. While this case limited the meaning of vessel, most watercraft still qualify as vessels.
Workers on watercraft and platforms permanently fixed to the seabed do not qualify for benefits under the Jones Act, but usually qualify for benefits under the Longshore and Harbor Workers’ Compensation Act.
In Navigation
In navigation” describes the location and abilities of the vessel. The vessel must be afloat and in operation. While the clause appears to mean the vessel must be moving, that is not true. The vessel can be tied up at a dock, but typically not out of water in blocks or in a drydock. The vessel must possess the capability to move goods or people through navigable waters, even if that is not the primary purpose.
Navigable waters include waters used for interstate or foreign commerce. This includes oceans, rivers and lakes connecting states or waterways to the oceans or Gulf of Mexico.
Floating restaurants, casinos or barges may be covered by the Jones Act depending on the individual case. The main issue in these cases is often if the vessel is permanently fixed versus capable of moving and if it is intended to transport people or objects over water. As this issue and the other requirements is often sophisticated it would be wise to contact an experienced maritime attorney.
“Contributes to the overall mission of the vessel” covers almost every worker aboard a vessel. It includes the usual tasks such as helping the vessel navigate, function or in any other way travel through navigable waters. Internal task such as cooks, maintenance and management contribute to the mission of the vessel. Workers completing their job on a vessel contribute to the overall mission if their job relates to the mission in any way.
Roustabouts, roughnecks, motormen, deck hands, shaker hands, or drillers and other employees working on offshore oil rigs or other drilling apparatus contribute to the work of the vessel as well. The rig’s mission is to extract natural resources and those aiding in the process are contributing to the overall mission of the vessel. If you have questions about whether the Jones Act or maritime law applies to your job, please contact our Jones Act Seaman Lawyers at Doyle Dennis Avery LLP.
Significant Amount Of Time
What Compensation Can You Claim Under the Jones Act?
- Medical Expenses: Coverage for surgeries, rehabilitation, medications, and ongoing treatments.
- Lost Wages & Future Earnings: Compensation for lost income and potential future earnings.
- Pain and Suffering: Financial relief for physical and emotional distress.
- Maintenance and Cure: Daily living expenses and medical costs covered by your employer regardless of fault.
How to Prove Employer Negligence Under the Jones Act
To win a Jones Act claim, you must demonstrate that:
- Your employer had a duty of care to maintain a safe working environment.
- They breached this duty through negligence (e.g., unsafe working conditions, inadequate training, or faulty equipment).
- This negligence directly caused your injury.
Case Study: Successful Jones Act Claim
Case Example
A deckhand suffered severe injuries due to a malfunctioning winch that the employer failed to inspect. Through a Jones Act lawsuit, the worker secured a $2.5 million settlement to cover medical expenses, lost wages, and pain and suffering. Read more about our Notable Maritime Injury Cases.
Why Choose Our Maritime Injury Lawyers in Houston & the Gulf of Mexico?
- Proven Track Record: Millions recovered for injured maritime workers.
- Experienced Legal Team: Decades of experience handling Jones Act cases.
- No Upfront Fees: We work on a contingency basis—you don’t pay unless we win.
- Local Expertise: We serve maritime workers in Houston, Gulf of Mexico, Galveston, and surrounding areas.
- Recognized Attorneys: Our lawyers have been featured in Super Lawyers, Best Lawyers, and Top Maritime Injury Attorneys.
Industry-Leading Advocacy: We have been recognized by the National Trial Lawyers Top 100 and American Association for Justice (AAJ) for our maritime legal expertise.
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What to Do If You’re Injured at Sea
- Report the injury to your employer immediately.
- Seek medical attention and document your injuries.
- Gather evidence, including witness statements and photos of hazardous conditions.
- Consult a Jones Act attorney to discuss your legal options. Visit our Contact Page for immediate assistance.
Contact Us for a Free Consultation in Houston & the Gulf Region
If you’ve been injured while working at sea, you have rights. Don’t navigate this alone—our experienced maritime injury lawyers are here to fight for you.
- Call Us Now: (888) 571-1001
- Schedule a Free Case Review
- Serving Houston, Gulf of Mexico, Louisiana, Galveston, New Orleans, and maritime workers nationwide.
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The Jones Act Seaman lawyers at Doyle Dennis Avery LLP have vast experience in offshore claims and understand numerous federal maritime laws, such as the Jones Act law, that apply to offshore claims. Our Texas firm works every day to help clients across state lines and international borders in their maritime accident claims
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