As a seaman, you face unique work hazards every day.
And unfortunately, these risks, combined with an employer’s negligent act or omission, can cause catastrophic personal injury derailing your livelihood and affecting you and your family’s quality of life.
Determining what laws provide remedies for your marine injury can be challenging.
But you have options.
One such option is a cause of action against your employer for negligence. This claim is available under the Jones Act.
This article aims to explain the elements you must prove to win a Jones Act injury case.
Keep reading to learn more.
If you have questions about admiralty and maritime injury law, call us at (804) 251-1620 or (757) 810-5614 or complete the online contact form.
We help injured workers, accident victims, and disabled adults in Virginia and Maryland, including Hampton Roads and Baltimore. And we want to start fighting to protect your health and financial future.
The Jones Act, officially known as the Merchant Marine Act of 1920, is a federal statute meant “to encourage and aid the development and maintenance of a merchant marine” to boost the national defense and develop the domestic and foreign commerce of the United States.
Part of protecting the merchant marine is providing adequate legal remedies for injured seamen.
Under the Jones Act (46 U.S.C. Section 30104), seamen injured during their employment may bring an action for damages against their employers.
The law states explicitly:
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. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.
Therefore, the Jones Act extends the provisions of the Federal Employers Liability Act – a law for injured railway workers – to a seaman injured or killed while working.
A critical question for many maritime employees injured on the job is whether to file a workers compensation claim or bring an action under the Jones Act.
For example, the Jones Act and the Longshore and Harborworkers Compensation Act (the “LHWCA”) provide remedies for maritime employees who sustain injuries.
The two laws, however, are mutually exclusive. Therefore, you cannot recover damages for your injuries under both Acts. Instead, you must pursue your claim under one theory.
The reason for this separation of the claims lies in Congress’s 1972 amendments to Section 902(3) of the LHWCA. These amendments exclude certain types of employees from coverage under the LHWCA, including a master or member of a ship’s crew.
And therefore, the answer to which law applies to your injury depends on whether you are a seaman, a term that usually includes members of a ship’s crew.
The Jones Act (including the remedies of maintenance and cure and the doctrine of unseaworthiness) is the exclusive (only) remedy for seamen suffering work-related injuries. Indeed, seamen cannot receive workers compensation benefits under state or federal workers compensation laws, including the LHWCA.
If you are a seaman, you do not have a choice between the Jones Act and workers compensation laws. You must bring a Jones Act case.
Yes.
The voluntary payment (and your acceptance) of benefits under the Longshore Act does not bar you from bringing a lawsuit against your employer under the Jones Act.
In Southwest Marine, Inc. v. Gizoni, 502 U.S. 81 (1991), the U.S. Supreme Court held:
It is by now “universally accepted” that an employee who receives voluntary payments under the LHWCA without a formal award is not barred from subsequently seeking relief under the Jones Act … This is so, quite obviously, because the question of coverage has never actually been litigated. Moreover, the LHWCA clearly does not comprehend such a preclusive effect, as it specifically provides that any amounts paid to an employee for the same injury, disability, or death pursuant to the Jones Act shall be credited against any liability imposed by the LHWCA.
This concept is significant because disputes can arise over an injured worker’s status.
Indeed, you may be a seaman within the meaning of the Jones Act even if the LHWCA lists your occupation as one the Longshore Act covers.
Such a finding would allow you to recover more damages for your injury.
You must prove four elements to win a Jones Act case:
1. You are a seaman under the Jones Act;
2. You suffered an injury in the course of your employment;
3. Your employer was negligent; and,
4. Your employer’s negligence caused or contributed to your injury.
We will examine these elements of a cause of action under the Jones Act.
Only injured seamen may sue under the Jones Act.
Passengers, longshore workers, and harbor employees who do not qualify as seamen cannot file a lawsuit for negligence under the Jones Act.
Congress, however, has not defined the term “seaman.” Indeed, the Jones Act does not include a definition of “seaman.”
Therefore, determining whether an injured maritime worker is a seaman covered under the Jones Act or a different type of marine employee limited to recovering under the Longshore and Harborworkers Compensation Act (LHWCA) is a frequent source of litigation.
The inquiry into seaman status is fact specific, depending on the nature of the vessel and your relationship to it.
Often the jury, not the judge, will determine whether you are a seaman. Keep this in mind when preparing your case and determining what evidence to present.
To qualify as a seaman under the Jones Act, you must show that:
An employment-related connection to a vessel in navigation exists if your job duties contribute to the vessel’s function or the accomplishment of its mission.
Working on the ship is often sufficient to satisfy this prong of the seamen status test. Indeed, courts have routinely classified persons as seamen, although their job duties did not directly aid in navigating the vessel.
For example, case law reveals that courts have given the following persons seaman status in various cases:
The rationale for classifying these persons as seamen is that such individuals aid in navigation indirectly by supporting those on board responsible for moving the vessel. Their job duties promote the purposes of the voyage.
The U.S. Supreme Court has held, “For the substantial connection requirement to serve its purpose, the injury into the nature of the employee’s connection to the vessel must concentrate on whether the employee’s duties take him to sea.”
For example, “A worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act.”
Other factors include:
Federal law (1 U.S.C. Section 3) defines the word “vessel” to include “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”
This part of the Jones Act negligence test is usually the easiest to satisfy.
Similar to the test used for maintenance and cure claims, courts have held that a seaman’s negligence action under the Jones Act extends to injuries on land.
An employer’s duty of care under the Jones Act is similar to a driver’s duty of care in auto accident claims: the reasonable person standard.
Therefore, the Jones Act duty of care is neither heightened nor lowered for employers.
Fault matters in Jones Act injury cases.
You must prove that the employer’s negligence caused or contributed to your injury.
Fortunately, proving causation under the Jones Act is not a demanding standard. Indeed, courts have described the burden to prove causation in a Jones Act case as relaxed, “very light,” and “featherweight.”
You only need to show that the employer’s acts or omissions played some part, even the slightest, in producing your injury. If the employer’s negligence caused, in whole or part, your maritime injury, then the employer is liable for damages under the Jones Act.
At a minimum, I recommend obtaining medical evidence (health care records and doctor disability letters) and offering testimony about your pre- and post-injury condition and how the accident happened to satisfy this burden.
Personal injury damages recoverable under the Jones Act are similar to the damages you can recover in a negligence action and other tort laws.
Potential damages include:
However, damages for loss of society are not recoverable under wrongful death actions brought under the Jones Act.
Sometimes.
The Shipowner’s Limitation of Liability Act, which begins at 46 U.S.C. Section 30501, limits the liability of a vessel owner to the value of the vessel (plus any freight it is carrying) for any damage or injury caused by a collision without the “privity or knowledge” of the owner.
A defendant invoking this defense must file a complaint in federal court seeking protection under the Limitation of Liability Act.
Yes, you can recover compensation under the Jones Act, although you are partially responsible for the accident. The contributory negligence doctrine does not apply to a seaman’s claims for personal injuries.
But your damages award will be reduced by the percentage amount the jury finds you responsible.
Like your employer, a Jones Act seaman must act with ordinary prudence. This standard is flexible and depends on the facts of your case.
You must claim damages under the Jones Act within three years from the day the cause of action accrued.
Usually this means you have three years from the accident date to file a lawsuit.
However, in cases involving occupational disease, the time for bringing a claim may start once you receive a diagnosis. And there may be a significant delay between your occupational exposure and the diagnosis.
Federal and state courts have concurrent jurisdiction over Jones Act causes of action.
Where you file the lawsuit and whether you designate it as a suit in admiralty depends on your preferred venue and whether you want a jury trial.
For example, a jury will not hear a Jones Act case brought in admiralty. Instead, a federal judge will view the evidence and render an opinion.
But if you want a jury trial in your Jones Act case, you should file the lawsuit in state court or bring it to federal court but do not designate it as an admiralty case.
As a seaman, you do not need specific coverage for Jones Act injuries.
Your employer, however, may purchase a Jones Act insurance policy to cover work accident claims payable under the Jones Act.
The amount of insurance coverage available and your employer’s assets could affect your recovery at trial and the settlement value of your Jones Act injury claim.
Yes.
Neither the Jones Act nor case law interpreting the statute requires that the injury occurs on navigable water.
Seamen may recover damages for land-based injuries.
Yes.
Workers compensation and the Jones Act are mutually exclusive.
But the Jones Act and maintenance and cure and unseaworthiness doctrine claims are not.
Injured seamen can pursue and recover under the Jones Act and the common law theories of maintenance, cure, and unseaworthiness.
My colleagues and past clients have voted me one of Virginia’s best personal injury attorneys (including workers compensation and traumatic brain injury claims) for a reason.
I want to use my firm’s skills, experience, and resources for you.
Call now if you are a maritime worker who has suffered an injury due to your employer’s negligence.
Let’s start on the road to recovery.