If you or a family member was injured while working on a boat, barge, or drilling platform, the Jones Act might provide a path to compensation for injuries or wrongful death caused by negligence. In order to be covered under the Jones Act, specific requirements must be met.

Questions sometimes arise around the legal question “What is a vessel?”

Specifics of the Jones Act

The Jones Act is also known as the Merchant Marine Act of 1920. It is federal law that establishes the development and maintenance of the Merchant Marine. Specifics of the Jones Act require that U.S.-flagged ships perform trade between U.S. ports and that this fleet can provide logistic support in times of war or national emergency.¹

The Jones Act also allows maritime workers who were injured (due to negligence) in the service of a vessel to file claims for compensation against the owner of the vessel. These intentional legal protections then required the courts to define “vessel” more clearly over the years.

What Is a Vessel Under the Jones Act?

There are many factors that determine what is considered a vessel under the Jones Act. All of these must be met for the protections provided under the law to be actionable. Experienced Jones Act attorneys are familiar with these specifics:²

• The injury must have occurred in service of a vessel.
• A vessel is described in U.S. Code, Title 1, as “every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water.”
• The vessel must be built and owned primarily in the United States and registered as a U.S.-flagged vessel.
• The vessel must operate in navigable waters.

What Does It Mean for a Vessel to Be in Navigation?

A vessel is considered to be “in navigation” if it is floating on navigable waters and is capable of movement. Navigable waters include rivers, oceans, and inland lakes that are linked to other navigable waters or shared by two or more states.

The vessel does not need to be moving, but it must be capable of movement. A ship in drydock is usually not considered in navigation, for example. However if a casino ship is constantly moored, but still capable of movement, it would be defined as a vessel.

Examples of Vessels Under the Jones Act

These types of structures have been considered vessels under the Jones Act when they meet all other requirements:

• Cargo ships
• Passenger ferries
• Cruise ships
• Barges
• Tugboats
• Commercial fishing vessels
• Semi-submersible drilling rigs
• Mobile offshore drilling platforms
• Floating structures like dredges and pontoon rafts
• Oil platform supply and service ships
• Special purpose ships
• Docked boats
• Anchored vessels

Features That Define a Vessel

When determining whether or not something qualifies, these features are considered the marks of a vessel:

• An adequate crew
• Lifeboats or life-saving equipment
• Bilge pumps
• Crew quarters or sleeping areas
• A raked bow
• Navigational aids
• Registration with the Coast Guard or another authority

How Does the Jones Act Protect Workers Injured on a Vessel?

Jones act attorneys can help you determine if you are protected by Jones Act, which extends FELA (the Federal Employer’s Liability Act) to those who qualify as seamen. The Jones Act provides the right to file a civil personal injury case in a state or federal district court.

Under traditional maritime law, plaintiffs cannot ask for a jury trial, but the Jones Act allows workers with personal injury claims to request a jury trial if they wish. The specific language of 46 U.S.C. § 30104 says:¹

“A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer.”

Who Qualifies as a Seaman Under the Jones Act?

In order to be considered a “seaman,” a maritime worker must be a crew member in service to a vessel. The vessel must be in navigation and the crew member serving functions essential to the vessel’s intended functions.

The injured worker must spend at least 30% of their time working with the vessel or fleet of that employer. If a maritime worker meets these requirements and is injured due to negligence, poor maintenance, or unseaworthiness of a vessel, they may be able to file a civil suit against the owner of the vessel under the Jones Act.

Legal Cases That Have Expanded the Definition of a Vessel

Over time, the legal definition of a vessel as it pertains to the Jones Act has been expanded in these notable cases:

• Stewart v. Dutra Construction Company. This 2005 Supreme Court case determined that a dredge worker could qualify for Jones Act compensation for injuries. Despite arguments that the purpose of a dredge is not transportation, the court found that a Jones Act vessel only needs to be capable of transportation, and that does not need to be a vessel’s primary purpose. Since the barge met all other requirements, Stewart was able to receive compensation under the Jones Act.
• Buna v. Pacific Far East Line, Inc. This 1977 court case determined that any floating structure that has a purpose that is reasonably related to transportation of passengers, equipment, or cargo may be considered a vessel.
• Producers Drilling Company v. Gray. This landmark 1966 case established that almost any structure that floats on navigable waters may be considered a vessel under the Jones Act. This decision calls out that it is not the shape, size, or type of the vessel that determines its status, but where and how it was being used when the worker was allegedly injured.

Does the Jones Act Apply to Your Injuries at Sea?

If you believe your injuries or a loved one’s wrongful death was caused by negligence on the part of a vessel owner or crew member, you may need to consult with a Jones Act Attorney or Maritime Lawyer to discuss the details of your case. To receive compensation under the Jones Act, your claim must be filed within three years of the date of your injury.

Even if you do not believe that your family member or you qualify under the Jones Act, there are many other protections available to crewmembers, dock workers, and longshoremen under maritime law. In many cases, the ship owner’s liability may extend beyond the standard of Maintenance and Cure.

To learn more about compensation for medical expenses, lost wages, and other rights of injured workers under the law, contact our legal team Schechter, Shaffer & Harris, L.L.P, of Maintenance and Cure. We have helped thousands of maritime workers receive the compensation and legal guidance they need to move ahead with personal injury lawsuits against those responsible. Call us today at (800) 836-5830 or contact us online to schedule a free consultation and case evaluation with our experienced maritime attorneys.

Sources:

1. https://www.law.cornell.edu/wex/jones_act
2. https://transportationinstitute.org/5things/