The Jones Act Explained: A Seaman’s Right to Compensation

If you work on the water—whether you’re a deckhand on a tug, a mechanic on an offshore rig, or a captain on a fishing vessel—the most important law protecting your rights after an injury is the Jones Act.

Unlike land-based employees who rely on state workers’ compensation, maritime workers who qualify as “seamen” have the right to sue their employers for negligence under this federal law. For anyone seeking a maritime attorney Galveston to file a claim, understanding the Jones Act is the first step toward securing justice.

What is the Jones Act?

The Jones Act, officially known as the Merchant Marine Act of 1920, is a sweeping federal statute with two primary functions:

Commerce and Security: It mandates that all cargo transported by water between two U.S. points must be carried on U.S.-built, U.S.-owned, and U.S.-crewed vessels.
Seaman’s Injury Law: More critically for injured workers, it is the law that gives a qualified seaman the right to sue their employer for injuries or death caused by employer negligence.

In short, the Jones Act is the maritime equivalent of a workers’ compensation system, but with a critical difference: it allows the injured worker to recover damages only if the employer (or a co-worker) was negligent.

Do You Qualify as a “Seaman”? The 30% Rule

The Jones Act only covers employees who meet the specific legal definition of a “seaman.” This is determined by a two-part test focused on your relationship with a vessel:

Connection to a Vessel (or Fleet): Your duties must contribute to the function of a vessel or to the accomplishment of its mission.
Substantial Time on the Water: You must spend a significant amount of time on a vessel or fleet of vessels that are “in navigation.” While the law doesn’t name a hard number, courts generally look for a worker to spend at least 30% of their working hours on a qualifying vessel.

This covers a wide variety of employees: deckhands, mates, engineers, cooks, captains, and many offshore oilfield workers who live and work aboard mobile rigs or vessels operating on navigable waters.

The Low Bar for Proving Negligence

The most powerful aspect of the Jones Act is its extremely low burden of proof for showing negligence.

In a typical land-based negligence case, you must prove the defendant’s carelessness was a “substantial factor” or the primary cause of your injury. Under the Jones Act, this standard is drastically reduced:

Featherweight Causation: The injured seaman only needs to prove that the employer’s negligence played any part, however slight, in causing the injury.

This means that even if the injured seaman was partially at fault, or if there were many contributing factors, the employer can still be held liable if their negligence played even a small role.

What Constitutes Negligence?

Jones Act negligence is simply the failure of the employer to exercise reasonable care to provide a reasonably safe workplace. Examples include:

Failing to adequately maintain equipment (e.g., rusty crane, broken mooring lines).
Failing to properly train the crew for a dangerous task.
Failing to establish a safe method of operation.
Failing to clean up temporary hazards (e.g., grease, oil, or water on the deck).
Failing to hire a competent or non-violent crew.

What Compensation Can an Injured Seaman Recover?

A Jones Act claim allows you to recover for a much broader range of damages than a state workers’ compensation claim. When you pursue a Jones Act case (often filed alongside a claim for Unseaworthiness, you can seek compensation for all losses related to your injury:

Maintenance and Cure: This is a no-fault benefit owed to every injured seaman. Maintenance covers your daily living expenses (food, rent, utilities) while you are recuperating ashore. Cure covers all reasonable and necessary medical expenses related to your injury until you reach Maximum Medical Improvement (MMI).
Negligence Damages: If negligence or unseaworthiness is proven, you can recover significant compensation for:
- Past and Future Lost Wages: All income lost during recovery and any long-term loss of earning capacity.
- Past and Future Medical Expenses: Costs of surgery, rehabilitation, and all necessary long-term care.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by your injuries.
- Disability and Disfigurement.

The Seaman’s Advantage

The Jones Act, along with the Doctrine of Unseaworthiness, provides powerful protections for maritime workers, recognizing the unique dangers of working on the water.

If you’ve been hurt while working out of the Gulf Coast, your claim requires a lawyer with specific knowledge of federal maritime law. Don’t rely on a general injury lawyer; your right to compensation is secured by this vital and complex federal statute.

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