What is a Jones Act "seaman?"
In a maritime injury case, one of the first thing that generally needs to be looked at is whether the injured person qualifies as a Jones Act "seaman."
Determining whether someone is a Jones Act "seaman" is based on the specific facts of the specific case. There are, however, some general principles that apply when trying to determine whether an injured maritime worker qualifies as a Jones Act "seaman."
First, a seaman must be a member of the crew of a vessel or fleet of vessels under common ownership. Workers on tankers, cruise ships, freighters, jack-up rigs, semi-submersible rigs, towboats, barges, tug boats, crew boats, barges, dredges, fishing vessles, casino boats, and similar special-purpose vessels may be considered Jones Act "seamen."
Second,an employee's duties must contribute the function of the vessel or its mission.
Third, the worker must have a substantial connection to the vessel, in terms of both duration and nature. For example, land-based workers with only a transitory connection to a vessel in navigation do not become Jones Act seamen simply because they were injured on a vessel in navigation. On the other hand, ship-based workers injured on shore, or on the docks, or on a platform, do not "lose" their Jones Act seamen status simply because they weren't on the vessel at the precise moment of injury.
Although these general principles can be helpful in determining whether an injured worker is a Jones Act "seaman," each case is different, with unique facts and circumstances. It is usually a good idea to get specific legal advice from an experienced maritime lawyer to decide whether a Jones Act case is possible or appropriate.
Determining whether someone is a Jones Act "seaman" is based on the specific facts of the specific case. There are, however, some general principles that apply when trying to determine whether an injured maritime worker qualifies as a Jones Act "seaman."
First, a seaman must be a member of the crew of a vessel or fleet of vessels under common ownership. Workers on tankers, cruise ships, freighters, jack-up rigs, semi-submersible rigs, towboats, barges, tug boats, crew boats, barges, dredges, fishing vessles, casino boats, and similar special-purpose vessels may be considered Jones Act "seamen."
Second,an employee's duties must contribute the function of the vessel or its mission.
Third, the worker must have a substantial connection to the vessel, in terms of both duration and nature. For example, land-based workers with only a transitory connection to a vessel in navigation do not become Jones Act seamen simply because they were injured on a vessel in navigation. On the other hand, ship-based workers injured on shore, or on the docks, or on a platform, do not "lose" their Jones Act seamen status simply because they weren't on the vessel at the precise moment of injury.
Although these general principles can be helpful in determining whether an injured worker is a Jones Act "seaman," each case is different, with unique facts and circumstances. It is usually a good idea to get specific legal advice from an experienced maritime lawyer to decide whether a Jones Act case is possible or appropriate.
Thanks for writing this.