Who is Covered?

The Jones Act is a federal law that provides for claims by workers who are injured while in service to a vessel on navigable waters.[1]  When a maritime worker is injured there may be a question as to which law covers the seaman.  There are a number of  laws that could apply to workers including the Jones Act, General Maritime Law, Admiralty Law, the Longshore and Harbor Workers’ Compensation Act[2] and Workers’ Compensation.  It is not unusual for non-traditional maritime workers to learn they are covered by the Jones Act when they attempt to file a state workers’ compensation or longshore claim. 

Sometimes it is crystal clear which law applies and then there are times when a particular claim falls into a “gray” area.  A “gray” area is neither black or white but somewhere in the middle.  In these situations it can be difficult to ascertain which law is applicable even for a lawyer.  Determining jurisdiction in a maritime matter is the job for a maritime lawyer and never for a lay person, worker,  employer or doctor.  The law is complex and constantly changing. Only a maritime lawyer keeps up to date on all changes in maritime law.  No lawyer keeps up with all the changes in every area of the law.

Mistakes in filing under the wrong law are usually accidental but there are some employers who either negligently or intentionally lead workers astray.  An employer may instruct a worker to file a state workers’ compensation claim instead of a Jones Act claim because workers' compensation settlements can be much smaller than Jones Act settlements.  Workers should always contact a lawyer before accepting benefits under workers’ compensation or longshore compensation.  If a worker is receiving benefits under the wrong law he should contact a maritime lawyer immediately.  It may be possible for a competent maritime lawyer to correct the mistake without penalty to the worker.  However, it is always better to prevent a mistake than to attempt to correct the mistake.

Maritime occupations include: Ordinary Seaman, Able Bodied Seaman, Utility man, Deck Engineer Machinist, Unlicensed Junior Engineer, Second Electrician, Refrigeration Engineer, Electronics Technician and Wiper, Deckhand.

Offshore Oil Drilling and Production occupations include: Rig Manager or Toolpusher, Driller, Derrickhand, Motorhand, Cooks, Utility men, Roughneck and Roustabout.