Seaman Status Test

To be classified as a Seaman under the Jones Act the following conditions need to apply. 

• The Vessel on which the individual is serving must be “in navigation” as described below.
• There must be a relatively “permanent connection”, both in time and nature, between the individual and either a single vessel, or a group of vessels under common ownership. 
• The circumstances at the time of the incident should not be used as the sole determining factor for deciding whether or not someone is a seaman.  Instead their relationship with a vessel or group of vessels on which they work, and the total circumstances of their employment should be examined.
• The injured seaman must have been aboard the vessel primarily to perform duties, which contributed to function of vessel or accomplishment of mission.

The “in navigation” requirement has been expanded over time to include all vessels in operation.  It is not necessary that the vessel be moving at the time of the incident, the law simply requires that the vessel remain in active operation, in contrast to vessels that have been permanently moored, or taken out of operation. 

The “permanent connection” requirement does not mean that a worker must spend all of his time onboard a vessel.[7]  It only requires that his presence be more than transient on the vessel.  His entire duties are taken into consideration when determining seaman status.  Under the “no snapshot” doctrine, the court does not evaluate the worker's connection to a vessel or a fleet at just the moment of injury, but instead must evaluate a seaman's connection to a vessel or a fleet as if that seaman were to complete the mission uninjured and in relation to his other duties.

The purpose of this is to create a distinction between land based workers and seamen.  For example, a shore based tankerman who is injured out on the river, while filling in on a barge, will not be eligible for Jones Act protection, whereas a seaman who happens to be injured on land while the boat is docked will not lose his Jones Act protection.