Applying the Jones Act to Injuries on Land—Can You Seek Compensation?

Many seamen know that the Jones Act provides them with protection when they are injured at sea.  However, it is lesser known that seamen can seek protection under the Jones Act for injuries sustained onshore when certain conditions are met. In this article we’ll explain which types of injuries can brought under the Jones Act for compensation, and why that’s a potentially smart choice for injured seaman and shipyard workers. 

What on Land Injuries Can Be Brought Under the Jones Act?

Answer: Jones Act protections include allowing seamen to recover compensation under the Jones Act for injuries sustained that arise from their service towards a vessel or fleet of vessels, regardless of the injury’s location, for medical expenses, lost wages, pain and suffering, mental anguish, disfigurement, and physical impairment.  

Further, seamen are also entitled to maintenance and cure (e.g. their cost of living expenses and meals aboard the vessel and medical treatment for the injuries sustained), regardless of their employer’s negligence.

Background: What is Maritime Law and the Jones Act?

Maritime law is a specialized body of laws that govern activities related to the sea, including shipping, navigation, and commerce. Within this legal framework, the Jones Act stands out as a crucial federal law designed to protect maritime workers, such as seamen. 

The Jones Act, also known as the Merchant Marine Act of 1920, is designed to protect maritime workers. It provides protections to seamen while they perform their job duties, which often involve a wide variety of hazards. 

Notably, the Jones Act allows injured seamen to pursue legal action against their employers for injuries resulting from the unseaworthiness of a vessel or negligence. Generally, to qualify as a Jones Act seaman, an individual must perform duties that contribute to the vessel’s function or mission and maintain a substantial connection to a vessel in navigation, both in terms of duration (approximately 30% of their time) and nature. 

Navigating maritime laws can be complex, and injured workers should seek the help from the Jones Act attorneys at Morrow & Sheppard, LLP to understand their rights to ensure they obtain all the compensation they are entitled to receive. 

Who Qualifies For Jones Act Coverage?

To qualify for protection under the Jones Act, you need to be employed by a vessel (or fleet of vessels) and spend approximately 30% of your work hours aboard a vessel in navigation. Importantly, the vessel does not need to be in motion but must be capable of being set in motion with its own power. 

What On Land Injuries Qualify For Jones Act Coverage?

You may be covered under the Jones Act even if your injury occurred on land.  The Supreme Court has ruled that injuries suffered by seamen while performing duties related to their vessel, even on land, are covered by the Jones Act.  For example, a deckhand injured while assisting with shore repairs could assert claims under the Jones Act. In another case, a seaman was able to bring claims under the Jones Act for injuries he sustained from jumping out a window while drunk because he was locked in a room. The decisions in these cases underscore the Jones Act’s broad scope and relevance and ensure seamen, who are exposed to the dangers and perils of the sea, are provided with a much needed safety net. 

Compensation Available Under the Jones Act

Under the Jones Act, injured seamen can seek a variety of compensatory damages.

Damages in a Jones Act claim can include, among other things, lost earnings and lost earning capacity, medical expenses, pain and suffering, mental anguish, impairment, and disfigurement.

Jones Act seamen are also entitled to maintenance and cure.  The doctrine of maintenance and cure is a cornerstone of maritime law. Employers and vessel owners must provide maintenance and cure for seamen who suffer injuries or illnesses while working on the vessel (or when they sustain land-based injuries that are covered by the Jones Act), regardless of the fault or negligence of the employer or vessel owner. 

Maintenance covers basic living expenses, such as food and lodging, for seamen unable to work due to injury or illness. Cure refers to the medical treatment seamen are entitled to receive.

Employers and vessel owners can face serious consequences when they do not provide maintenance and cure. The U.S. Supreme Court has held that juries can award attorneys’ fees and punitive damages when companies fail to pay maintenance and cure. Despite these serious consequences, some employers and vessel owners still fail to provide maintenance and cure to injured seamen. For example, the Jones Act attorneys at Morrow & Sheppard, LLP obtained a verdict for $1.5 million for a seaman whose employer unreasonable denied maintenance and cure. 

Seeking Justice for Injured Seamen After an Injury

After a maritime accident, seeking justice involves several steps. First and foremost, injured workers should promptly report their injury to the captain, crew member, or safety manager. If the injury was the result of faulty equipment or a hazard, you should take photos (when safe to do so), and report the faulty equipment or hazard. If needed, you should seek immediate medical attention. Keep in mind that you have the right to see a doctor of your choosing. Additionally, call the Jones Act attorneys at Morrow & Sheppard, LLP.

We help injured maritime workers understand their rights and seek justice. Call us at 866-868-2781 for a free consultation or fill out our Contact Form.