Seamen’s Claims

Who is Eligible

In order to receive benefits under the Jones Act, an employee must first be eligible according to statutory requirements defining what it means to be a “seaman.” The following conditions determine whether or not someone can be considered a “seaman”:

• An employee’s job involves work and responsibilities necessary for the function of a vessel and the performance of its mission.
• A seaman must be currently employed by a vessel or an identifiable fleet of vessels.
• The length of time a seaman must be employed on a vessel in operation must be continual and substantial.

Land-based maritime workers who perform occasional work on a vessel are not considered seamen since they are not on-board crewmembers of a vessel. As such, land-bases maritime workers injured while repairing a vessel are not considered seamen.

When a Seaman can make a Claim under the Jones Act

Whether or not a seaman can enter a claim for damages under the Jones Act depends on the nature of the job involved in an accident, whether an injured seaman is a member of the crew on board the vessel where the injury occurred, and whether the injury occurred on a vessel engaged in operations in relation to navigable waters.

For instance, a seaman assigned as a crewmember to a cargo ship who injures themselves ashore while taking a taxi to a local restaurant is not eligible to receive benefits under the Jones Act since their injury was not the result of an activity related to their ship’s mission. On the other hand, a seaman injured on shore while collecting supplies for their crew and vessel may be eligible to receive benefits under the Jones Act.

Negligence and the Jones Act

While some injuries covered under the Jones Act involve on the job injuries related to the inherent dangers of maritime work, others are caused by employer negligence. When a seaman is injured due to the unseaworthiness of their vessel or reckless actions and decisions on the part of co-workers, damages can be sought for pain and suffering, mental anguish, lost wages, loss of life’s enjoyment, future medical costs, and the value of past and future lost wages.

Preparing a Claim under the Jones Act

In order to protect your rights and interests, the following steps should be taken immediately after a maritime accident to ensure needed information and evidence is preserved:

• File a detailed, accurate report of an accident with your supervisor and all necessary departments and personnel immediately after an accident.
• Make a list of any dangerous conditions or ship disrepair that was a factor in causing your accident and injuries.
• If possible, take photographs of disrepair or hazards involved in your accident.
• Gather eyewitness statements from co-workers, as well their names and contact information. This is especially important should it be necessary to call witnesses in order to verify negligence on the part of your employer.
• Make an appointment with your own doctor as soon as possible. Obtain copies of any diagnoses or tests conducted by them or a specialist if your doctor refers you to one. Do not rely on your ship’s doctor or a doctor your company asks you to see. It is important that an independent physician evaluate your injuries since a company doctor may try and have you returned to work before you are able.

Evaluating the Options Available to You

If you have been injured at sea, it’s important to contact an experienced maritime lawyer who can protect your rights and your financial interests. Too often, employers try and convince injured seamen to return to work before they are ready while discouraging them from pursuing compensation under the Jones Act. At Bailey & Galyen, we protect our clients’ rights, providing them with the resources and legal representation needed to recover damages under the Jones Act.