The Jones Act, also known as the Merchant Marine Act of 1920, is a federal statute providing legal rights to seamen injured in the course of their duties on a vessel. It allows qualifying maritime workers to pursue compensation from their employers after a job-related injury.
These claims fall under admiralty and maritime law, which applies to injuries that occur on navigable waters and offshore vessels. The FAQs below explain how the Jones Act works and what legal options may be available after a maritime injury.
What is the Jones Act?
Courts define the Jones Act as the law that gives injured seamen the right to bring claims against their employers when negligence contributes to an on-the-job injury. This negligence may involve unsafe working conditions, inadequate training, poor supervision, or failure to maintain a vessel properly.
Jones Act maritime law allows injured seamen to seek compensation beyond basic benefits. Depending on the circumstances, a claim may include medical expenses, lost wages, loss of future earning capacity, and pain and suffering.
What should I do after getting injured?
You should seek medical treatment as soon as possible, even if the injury seems minor. Prompt medical care helps protect your health and creates a record of the injury. If you are able, take photographs of the area where the injury occurred and note the date, time, weather conditions, and the names of any crew members who witnessed the incident.
You should also report the injury to your employer and complete any required company incident reports. If you have questions or concerns about what you are being asked to sign, a Jones Act lawyer can review the paperwork and help ensure your rights are protected before it is finalized.
What benefits am I entitled to receive?
In most cases, an injured seaman is entitled to maintenance and cure benefits as soon as the injury or illness is reported. Maintenance and cure is a long-standing maritime obligation that requires an employer to pay for basic living expenses and reasonable medical treatment related to the injury.
These benefits are generally owed regardless of who was at fault for the accident. Maintenance and cure typically continues until the seaman reaches maximum medical improvement, meaning the condition has stabilized and further treatment is not expected to improve it. If an employer delays, disputes, or improperly denies maintenance and cure, speaking with a Jones Act law firm can help protect your rights.
Are there any additional benefits I can claim if the accident was not my fault?
An injured seaman may be able to pursue additional compensation under the Jones Act when employer negligence plays any role in causing an injury. The seaman does not have to be completely free from fault for a claim to exist. Even partial employer negligence can support recovery.
Additional compensation may also be available when a vessel is considered unseaworthy. Unseaworthiness means the vessel, its equipment, or its crew was not reasonably fit for its intended use. Common conditions that may support an unseaworthiness claim include:
- Broken equipment
- Insufficient crew
- Untrained crew
- Missing safety features such as handrails or non-skid stairs
- Improperly maintained vessel
Do I have to prove negligence or unseaworthiness?
A Jones Act claim requires proof that the employer’s negligence played some role in causing a seaman’s injury. The seaman does not need to prove that negligence was the sole cause, only that it contributed to the injury in some way.
Unseaworthiness is a separate claim under general maritime law. It does not require proof of negligence. Instead, the seaman must show that the vessel, its equipment, or its crew was not reasonably fit for its intended purpose and that this condition caused the injury.
A maritime law attorney can help determine which claims apply based on the facts of the case.
Is there a time limit on how long I have to file my maritime injury claim?
Under the Jones Act statute of limitations, an injured seaman generally has three years from the date of the injury to file a Jones Act claim. This time limit applies specifically to Jones Act cases, while other maritime claims may be subject to different deadlines depending on the circumstances.
Maintenance and cure benefits are available soon after an injury is reported, and there is no formal filing deadline for those benefits. However, waiting too long to report an injury or request benefits can lead to disputes over the nature or cause of the injury. Taking action promptly can help avoid unnecessary complications and protect your rights.
Can I file on behalf of my loved ones if they are seriously injured or killed?
If a seaman is seriously injured and unable to pursue a claim, a legally authorized representative may be able to act on their behalf. This typically requires formal legal authority, such as a guardianship or power of attorney, rather than a family relationship alone.
When a seaman is killed due to employer negligence or vessel unseaworthiness, surviving family members may be able to pursue compensation under the Jones Act or other maritime laws. These claims may result in a negotiated resolution, including a Jones Act settlement, or may proceed through litigation depending on the facts of the case and the parties involved.
My employer is demanding I make a statement or meet with a company investigator. What should I do?
After a maritime injury, an employer may ask you to provide a written or recorded statement or to meet with a company investigator. Before giving a detailed statement, it is often wise to speak with a Jones Act seaman accident attorney so you understand how your words may be used.
Statements made early in an investigation can be used to dispute fault, minimize injuries, or challenge eligibility for Jones Act benefits. While you may be required to report that an injury occurred, a lawyer can help you determine how to protect your rights while complying with reasonable employer requests.
How much does it cost to start a Jones Act lawsuit claim?
Most Jones Act cases are handled on a contingency fee basis, which means you do not pay attorney fees upfront to pursue a Jones Act lawsuit. An initial consultation is typically offered so the facts of your case can be reviewed and your options explained.
Under a contingency arrangement, attorney fees are generally paid from a settlement or court award if the case is successful. If there is no recovery, attorney fees are usually not owed, though responsibility for case costs depends on the terms of the fee agreement. The details of fees and costs should be discussed clearly at the outset so you understand how payment works before moving forward.My employer terminated my employment after I was injured. Can they do this?
After a maritime injury, some employers take adverse employment actions that raise legal concerns. The law protects workers from retaliation for reporting injuries, requesting maintenance and cure, or pursuing rights under the Jones Act.
If an employer terminates a seaman because they asserted maritime rights or reported unsafe conditions, that termination may be unlawful. Determining whether a termination was retaliatory depends on the facts of the situation, including timing, stated reasons, and employer conduct.
If you were terminated after being injured at sea, speaking with a maritime lawyer can help determine whether your rights were violated and what options may be available.
Does my employer have to hold my job after I was injured?
There is no general maritime law that requires an employer to hold a seaman’s job open after an injury. Whether a position is preserved depends on the nature of the injury, the expected recovery time, and the employer’s policies.
Some seamen may have limited job protection under the Family and Medical Leave Act, but that law applies only if specific requirements are met. Maintenance and cure benefits provide financial and medical support, but they do not guarantee continued employment or reinstatement.
If you have concerns about your job status after a maritime injury, a Jones Act attorney can help evaluate what protections, if any, may apply to your situation.
Can I claim benefits if I was injured while onboard a cruise ship?
Cruise ship passengers may be able to pursue a maritime injury claim if they were injured due to the negligence of the cruise line or its crew members. These cases are governed by maritime law, but they are different from Jones Act claims, which apply only to seamen.
Passenger injury claims often involve additional legal considerations, including cruise ticket contract terms, notice requirements, and specific filing deadlines. Because different maritime rules apply to passenger injuries, speaking with a maritime lawyer can help determine what laws govern your claim and what options may be available based on the circumstances of the injury.
Can your law firm represent me even though I was not injured in waters off of Texas?
Yes. Our law firm can provide legal representation for maritime injury cases in U.S. waters as well as international waters, no matter where the accident and injuries occurred. We have represented maritime injury clients for employers of all sizes, including large offshore companies like:
- BP
- Tidewater
- Rowan Marine
- Transocean
- Phillips 66
- American Commercial Lines
- Weeks Marine
- Nabors Industries LTD.
- Maersk Line
In addition, we can provide legal representation for injured dock workers and longshore workers.Trusted Maritime Representation Nationwide
A serious maritime injury can disrupt your health, income, and future. At Schechter, Shaffer & Harris, we focus exclusively on representing injured maritime workers and their families. Our firm has decades of experience handling Jones Act and general maritime law claims nationwide, and that experience matters when your recovery is on the line.
Our attorneys understand the financial and physical toll maritime injuries can cause. We work to pursue full compensation under the law, which may include medical expenses, lost wages, reduced earning capacity, pain and suffering, and maintenance and cure benefits. Every case is prepared thoroughly, negotiated aggressively, and taken to trial when necessary.
If you were injured offshore or while working aboard a vessel, do not accept less than what maritime law allows. Contact Schechter, Shaffer & Harris to discuss your rights and learn how our experience can work for you.
