Understanding The Jones Act and Maritime Law After an Injury: What You Need to Know

If you’ve been injured while working at sea, on a vessel, or in a maritime-related job, your situation is very different from a land-based worker. Traditional workers’ compensation laws may not apply. Instead, your rights are often governed by The Jones Act and broader maritime law—a unique and complex area of legal protection for seamen and maritime workers.

This guide explains your rights under The Jones Act, how maritime law protects you after an injury, and what steps you should take to preserve your legal options. Contact John Norinsberg if you have questions about a maritime injury in any state. We’ll be happy to answer your questions.

What Is The Jones Act?

Protecting Injured Maritime Workers

The Jones Act, officially known as the Merchant Marine Act of 1920, is a federal law that allows injured seamen to sue their employers for personal injury damages resulting from negligence.

Unlike traditional workers’ compensation systems, which typically provide fixed benefits regardless of fault, The Jones Act gives maritime workers the right to pursue full compensation if their employer’s negligence caused or contributed to the injury.

Who Qualifies Under The Jones Act?

To qualify for protection under The Jones Act:

• You must be a seaman – generally defined as someone who spends 30% or more of their working time on a vessel (or fleet of vessels) in navigable waters.
• The vessel must be “in navigation” – meaning it is afloat, operable, and on navigable waters.
• Your work must contribute to the function or mission of the vessel.

Examples of qualifying workers include:

• Deckhands
• Fishermen
• Offshore oil rig workers (if the rig is a movable vessel)
• Tugboat crew members
• Cargo ship employees

Types of Maritime Injuries Covered by the Jones Act

Maritime work is physically demanding and often hazardous. Common injuries under the Jones Act include:

• Slips, trips, and falls on wet or unstable decks
• Equipment malfunction or failure
• Burns from engine room accidents
• Back, neck, and shoulder injuries from heavy lifting
• Crush injuries from cargo or machinery
• Concussions and head trauma
• Exposure to toxic substances
• Man-overboard or drowning incidents

Your Legal Rights Under The Jones Act

If you qualify as a seaman and were injured due to negligence, you may be entitled to pursue compensation for:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Disfigurement or disability
• Mental anguish
• Vocational retraining, if applicable

To win a Jones Act claim, you must prove that the employer’s negligence played some part—even a small part—in causing your injury. This is a lower burden of proof than traditional personal injury law.

What Is “Unseaworthiness” Under Maritime Law?

Separate from The Jones Act, maritime workers may also have claims under the doctrine of unseaworthiness, a principle in general maritime law.

A vessel owner has a duty to provide a seaworthy vessel, meaning one that is:

• Properly equipped and maintained
• Staffed with competent crew members
• Safe for its intended use

If a defective condition on the ship (faulty equipment, broken stairs, lack of safety gear) caused your injury—even without direct employer negligence—you may be able to recover damages.

Maintenance and Cure: A No-Fault Maritime Benefit

In addition to The Jones Act and unseaworthiness claims, injured seamen are entitled to maintenance and cure benefits regardless of who is at fault.

• Maintenance: Daily living expenses while recovering (housing, food, utilities)
• Cure: All reasonable medical treatment until maximum medical recovery is reached

These benefits begin immediately after an injury and should be paid without delay. If your employer fails to provide maintenance and cure, they can be held liable for additional damages, including punitive damages.

What To Do If You’ve Been Injured On the Job

1. Report the Injury Immediately

Notify your supervisor or captain as soon as possible. Failure to report can hurt your claim.

2. Get Medical Treatment

Request proper medical attention. If the company doctor is insufficient, you have the right to see your own physician.

3. Document Everything

Keep records of the incident, your medical treatment, and correspondence with your employer or insurer.

4. Don’t Sign Anything Without Legal Advice

Employers may ask you to sign release forms or statements. Consult a maritime injury lawyer before doing so.

5. Contact an Experienced Maritime Lawyer

Navigating the complexities of maritime law, The Jones Act, and insurance company tactics can be overwhelming. A skilled attorney can protect your rights, investigate the cause of the accident, and pursue full compensation.

Time Limits: Don’t Miss the Statute of Limitations

Under The Jones Act, you generally have three years from the date of your injury to file a lawsuit. However, some claims (especially those involving foreign vessels or cruise lines) may fall under shorter deadlines, such as one year.

Don’t wait. Evidence can be lost, and witnesses’ memories fade. Contacting a lawyer as soon as possible preserves your claim and increases your chances of success.

Jones Act vs Workers’ Compensation: What’s the Difference?

The Jones Act
Apples to: Maritime “seamen”
Fault required?: Yes – employer negligence
Benefits: Full damages (pain, suffering, lost wages)
Lawsuit option: Yes, can sue employer in state or federal court

Workers’ Compensation
Applies to: Land-based workers
Fault required?: No, fault not required
Benefits: Limited benefits
Lawsuit option: no – administrative claim process

Do I Need a Maritime Lawyer?

Yes. maritime law is a highly specialized field. Most personal injury attorneys are not trained in the unique legal principles governing seamen’s rights, vessel liability, and federal maritime procedures.

An experienced maritime lawyer can:

• Determine if you qualify under The Jones Act
• Investigate the vessel and accident scene
• Handle insurance company negotiations
• Protect you from retaliation or wrongful termination
• Ensure you receive all available compensation

Local and Federal Jurisdiction in Maritime Cases

Maritime injury claims can be brought in state or federal court, depending on the circumstances. Your attorney will choose the jurisdiction that offers the most favorable venue for your case. Some employers and shipowners may also be subject to international maritime conventions, further complicating matters.

Frequently Asked Questions

1. I was injured on a dock, not at sea. Do I still qualify under The Jones Act?

Probably not. The Jones Act only applies to “seamen” working on vessels in navigation. However, other laws like the Longshore and Harbor Workers’ Compensation Act (LHWCA) may apply to dock workers, shipbuilders, and harbor employees.

2. What if I was partially at fault for my injury?

You can still recover compensation under The Jones Act. Maritime law uses a concept called comparative negligence, which reduces your recovery by your percentage of fault but does not bar your claim.

3. How much is my Jones Act case worth?

It depends on the severity of your injuries, medical costs, lost wages, future earning capacity, and non-economic damages like pain and suffering. Serious injuries can result in six- or seven-figure settlements.

4. Can I be fired for filing a Jones Act claim?

It is illegal for employers to retaliate against injured seamen for asserting their rights. If retaliation occurs, you may have an additional legal claim.

5. Is there a difference between maritime law and admiralty law?

Not really—both terms refer to the same body of law that governs navigation and commerce on navigable waters, including injury claims.

Final Thoughts: Protecting Your Rights After a Maritime Injury

If you’ve been injured while working at sea or on a vessel, you don’t have to navigate your recovery alone. The Jones Act and maritime law offer powerful protections—but only if you act quickly and understand your rights.

The best course of action is to contact a qualified maritime injury attorney who can help you:

• Understand your legal options
• Maximize your compensation
• Fight back against powerful maritime employers and insurers