Skip to Content
How to Prove “Seaman Status” Under the Jones Act
Dealing with maritime law can be complex, especially when it comes to proving “seaman status” under the Jones Act.
At the Shlosman Law Firm in New Orleans, we focus on helping injured maritime workers understand their rights and secure the protections they deserve.
In this article, we’ll break down what it means to qualify as a seaman, the key factors courts consider, and why your status matters if you’re seeking compensation after a serious injury at sea.
What is Seaman Status Under the Jones Act?
The Jones Act, also referred to as the Merchant Marine Act of 1920, was established to safeguard certain maritime workers. Individuals who meet its definition of “seaman” have the option to pursue a claim against an employer for injury-related damages. This law applies to those working aboard vessels on the water, whether close to shore or out at sea.
Under this Act, seamen can pursue legal action for negligence that leads to on-the-job injuries. However, not every maritime worker qualifies; for instance, workers in port facilities or in shipyards typically file claims through the Longshore and Harbor Workers’ Compensation Act (LHWCA). In contrast, a seaman under the Jones Act must primarily work aboard a vessel that is capable of moving in open waters.
To clarify, seaman status can include individuals assigned to tugboats, fishing vessels, offshore supply ships, or other watercraft. Cooks, deckhands, oilers, electricians, and many others have obtained coverage under the Jones Act based on the type of duties they perform. However, proving that you fit this role often demands a solid understanding of the legal benchmarks, including whether the vessel is “in navigation” and how your responsibilities tie into the vessel’s overall function.
Before moving on, it’s important to remember that each situation is distinct. Courts look at a combination of factors to determine if a maritime worker is truly a Jones Act seaman. The following sections outline these main criteria.
Key Criteria for Establishing Seaman Status
Courts focus on three central requirements when deciding whether a maritime worker qualifies as a seaman under the Jones Act. These components help to separate true vessel-based employment from shoreside work. By proving each part, you strengthen your claim.
The “Vessel in Navigation” Requirement
First, employees must serve on a “vessel in navigation.” Put simply, this refers to a watercraft that is afloat, functioning, and able to travel upon open waters, whether at sea or near a harbor. Tied-up vessels can still be considered in navigation, as long as they haven’t been permanently withdrawn from service or placed in dry dock. This category may include:
- Cargo ships, fishing boats, tugboats, or crew boats
- Barges or houseboats that can operate in waterways
- Any watercraft equipped to move in navigable waters
However, a stationary oil platform secured to the seabed might not count as a vessel under this requirement. The basic question is whether the watercraft’s nature is to transport goods or people across open water rather than being a structure affixed to the ocean floor or shoreline.
Contribution to the Vessel’s Function or Mission
Second, the employee must carry out tasks that further the vessel’s purpose. This usually involves duties intimately tied to the vessel’s daily activities, such as deck work, engine maintenance, or preparing meals for the crew. A few examples can include:
- A deckhand who helps moor and unmoor the ship
- An engineer who repairs onboard equipment
- A cook preparing regular meals for the crew
- An electrician fixing and monitoring essential wiring
In contrast, a shoreline mechanic coming aboard only on rare occasions may not qualify as a seaman. The idea is that you should be an integral part of the traveling or operational tasks of the vessel itself.
The “Substantial Connection” Requirement (Duration and Nature)
Lastly, you must show a substantial connection to the vessel in terms of both length of time and the nature of the work. A commonly cited rule of thumb is that you should spend at least 30% or more of your work hours aboard one vessel or a fleet of vessels under common ownership. This rule exists to exclude those whose vessel-based presence is merely incidental.
Beyond percentages, your duties should regularly expose you to the distinct challenges of sea-based work. In other words, if you regularly face the dangers inherent in a maritime setting such as rough water, vessel movement, or seagoing weather conditions—you may have a stronger case for proving seaman status. Even if the vessel is moored some of the time, courts look at the broader picture of your service assignment.
Proving Seaman Status: Key Considerations
Where seaman status is in dispute, courts often look deeper into certain aspects of the work environment. Being mindful of these factors can help you and your attorney demonstrate a strong connection to seagoing tasks.
Control Over the Worker
A question that often arises is who gave you instructions and oversaw your work setting. If the shipowner or vessel operator managed and monitored your everyday duties, that supports the argument that you were a vessel-based employee. In many Jones Act cases, one looks for evidence like:
- Whether you reported daily to a vessel-based supervisor.
- How frequently you received orders from onboard officers.
- Any logs or timesheets showing you were regularly on the vessel.
These details help a court see whether you served under maritime conditions instead of a shoreside arrangement.
Essential Work Functions
Courts also evaluate whether your tasks were central to how the vessel runs. For example, a deckhand who loads cargo or adjusts mooring lines is key to the vessel’s overall mission. This stands in contrast to land-based shipyard workers, who may fulfill important roles but remain outside the scope of Jones Act coverage. The underlying concept is that your labor should aid the trip or main activities of the vessel, either by direct operation or critical support.
Nature of the Work
Finally, the type of tasks performed aboard the vessel can paint a picture of whether you owe allegiance to that watercraft rather than a shore-based employer. Courts examine if you spend your shifts on watery routes, subject to wave action and hazards, or if you work mostly on land near a shipping facility. Being physically present on the vessel for day-to-day operations adds weight to the argument that you are, in fact, a Jones Act seaman.
Compensation Available to Jones Act Seamen
If you qualify as a seaman under the Jones Act, you may seek multiple forms of compensation if you suffer injuries caused by an employer’s carelessness. This can include payments to help with medical bills, as well as resources to get back on your feet. Generally, two core categories of benefits are recognized under the Jones Act:
1. Maintenance and Cure
Maintenance covers day-to-day living expenses while you heal, plus your housing costs when you cannot work. Cure addresses the care-related expenses tied to your injury, like hospital stays, physician visits, and medications. These obligations exist without having to prove fault as long as you were hurt while in the course of your job duties on the vessel.
2. Negligence Damages
If employer negligence contributed to your accident, you may also recover damages for pain, mental distress, and lost earnings. Courts typically weigh factors like whether the vessel owner ignored safety standards, provided faulty gear, or allowed dangerous conditions onboard. Compensation in this category can go beyond simple medical bills depending on the extent of your harm.
To summarize, the Jones Act offers a broad framework for dealing with work-related maritime injuries. Maintenance and Cure ensure that you receive financial support while healing. Beyond that, proof of negligence can open the door for more expansive damage awards, including those related to emotional and physical burdens.
Need Assistance with a Jones Act Claim? Contact Shlosman Law Firm.
We understand that coping with an injury on an offshore vessel or boat can feel daunting. Our team at Shlosman Law Firm aims to help you stand up for fair treatment when injuries happen in maritime settings. We handle challenging cases against large corporations, making sure that hurt workers have a voice.
To talk through your injury claim, call us at 504-826-9427 or visit our Contact Us page. You can also email info@shlosmanlaw.com to reach our New Orleans office. We want you to feel comfortable asking questions so that you can pursue the compensation you need to move forward.