The test for "seaman status" under the Jones Act
We are often asked by potential clients whether they are considered "seaman" under the Jones Act.
The Seaman Status Test Under the Jones Act
Generally, to be a "seaman" under the Jones Act, an injured offshore worker must prove three things:
1. A relatively permanent connection to a vessel or identifiable group of vessels;
2. The vessels must be "in navigation." (This DOES NOT mean the vessel must be moving.)
3. The injured worker's duties must contribute to the mission or function of the vessel. (This is defined very broadly).
Courts look at all three factors, and look at the totality of the worker's duties and connection to the vessel. Courts are also not allowed to look only at the specific work being done at the time of the injury. Instead, they look at the entire employment history.
People who serve on freighters, tugboats / towboats, crew boats, tankers, jack-up rigs, semi-submersibles, supply boats, lay barges, barges, fishing boats, and crew boats who are members of the crew are considered to be seamen under the Jones Act.
Those who work on fixed platforms and longshoremen are not Jones Act seamen. That doesn't mean don't have any remedies. They just can't file a Jones Act case.
We can help you with your Jones Act case today
To schedule an appointment to learn more about your offshore injury case, you can contact Mr. Beckcom toll free at 877.724.7800. There is no cost for an initial consultation, and no obligation to move forward with a case.
You can also visit his firm's main website, www.vbattorneys.com, to learn more about the firm, the experience of the lawyers at the firm, and past case results (Keep in mind that each case has its own facts and circumstances. Past results are no indication of the value or results for your case or any other case.)
About the author
Brian Beckcom is a founding partner of Vujasinovic & Beckcom, P.L.L.C. in Houston, Texas. Mr. Beckcom handles Jones Act and maritime injury and death cases, as well as all types of significant personal injury and wrongful death matters, insurance disputes, and business disputes.
Mr. Beckcom is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
