One crewmember was missing after a tugboat capsized and sank Saturday morning on the Mississippi River. The U.S. Coast Guard suspended its search for the worker over the weekend after determining that he was onboard the vessel when it sank.

“Our thoughts and prayers go out to the missing crewmember’s family and friends,” said Cmndr. Kelly Denning of the United States Coast Guard. “We appreciate all the support provided by our state, local and industry partners in the search effort … Based on several eye witness accounts, however, we have determined that the missing crewmember was onboard the vessel when it sank. Pending further developments, we have decided to suspend the active search.”

Four other crewmembers escaped the ship and were rescued by a nearby good Samaritan. The cause of the tugboat’s sinking is being investigated.

Jones Act Seaman Status

Many tugboat workers qualify as seamen under the Jones Act, a federal maritime law. Jones Act seamen are eligible for certain protections, such as maintenance and cure compensation, negligence claims, and more.

To qualify as a seaman, a worker must meet these standards:

• Worker is assigned to a vessel and spends at least 30% of employment time on that vessel.
• Vessel must be in navigation.
• Worker contributes to vessel’s navigation or function.

If a seaman is killed while working less than 3 nautical miles from shore, his surviving family members — most often spouse or minor children — may be entitled to compensation for damages such as loss of financial support, funeral expenses and more.

It’s not uncommon for an employer to deny a Jones Act claim based on seaman status. When this happens, an experienced Jones Act attorney from Maintenance and Cure can help. Contact us today for a free consultation.