Jones Act / Seamen

The Jones Act is a federal law that defines the legal obligations and duties between a seaman and his or her employer.

Officers and crew members on nearly every type of vessel or boat, including barges, tugs and tows, jack-up oil rigs, semi-submersible rigs, push boats, dredges, tankers, freighters, crew boats, supply boats, and fishing vessels are considered seamen and are covered by the Jones Act. The law applies to seamen on oceangoing or bluewater vessels, as well as crew members on inland waterways, such as the Mississippi River, and coastal marshes.

The Jones Act does not apply to longshoremen, pilots, and fixed-platform workers, as they fall under other maritime laws.

Under the Jones Act, in the event you are injured or become ill while in the service of the vessel, your employer is obligated to pay maintenance and cure. Maintenance is a daily rate which is designed to replace the living benefits you have while on the vessel (shelter, food, utilities).  The amount of maintenance that an individual is owed varies widely from claimant to claimant.  It is not a set or standard rate.

Cure is your employer’s obligation to pay your medical expenses associated with the injury or illness. Cure is owed until the claimant reaches maximum medical improvement, which means that a doctor can’t do anything more to heal the problem.

The most important thing to know is that an injured seaman has a right to see a doctor of his or her own choosing. Often, employers attempt to befriend an injured seaman and sway him toward a particular doctor who will write a report saying the person either isn’t hurt at all or that the person isn’t hurt so badly. Many times, people call us because they have been taken to a doctor who doesn’t have their best interests in mind.

Maintenance and cure are owed regardless of the cause of the injury. The seaman does not have to show that the employer or any individual caused his or her injury in order to receive maintenance and cure. However, if the employee has misrepresented or omitted a medical condition from a job application with that company, maintenance and cure might not be owed. 

If the employee was injured because the vessel or its equipment was unfit or because some person negligently caused the injury, the seaman may be entitled under the Jones Act to additional damages for pain and suffering and loss of wages. In those instances, an injured worker should call an attorney immediately to determine the nature of the claim.

Here are the important things to remember:

• A seaman has a right to see a doctor that the company didn’t pick.
• A seaman does not have to see a doctor that the company does pick.
• A seaman should never give a recorded statement to a company representative or insurance adjuster without talking to an attorney.
• A seaman may have rights beyond maintenance and cure, depending on the circumstances.
• A seaman should ALWAYS make sure his or her injury is reported, however small, and that an accident report is made.

Employers often use such things as safety bonuses against workers, to convince them not to make accident reports or claims.  A safety bonus is temporary. An injury can seriously diminish your livelihood permanently.  Make an accident report.

Calling the Maritime Law Center for Personal Injury is free.  We are always happy to discuss anyone’s claim or potential claim at no charge.  We do not pressure anyone into making a claim. We want to make sure that the injured worker fully understands his or her rights. The sooner a person contacts an attorney, the sooner he or she can make informed decisions about a claim.  Our seaman injury lawyers can provide more help when an injured person calls us sooner rather than later.

Finally, remember this:  When an individual is injured while working on a boat, barge, rig or platform, the employer IMMEDIATELY calls its attorney.  You can have the benefit of an attorney as well, at no cost.  We are here to level the playing field.

All calls and emails are confidential.  We CANNOT tell anyone the content of conversations between ourselves and injured workers, and we DO NOT reveal that the conversation even took place if the individual chooses not to make a claim.