Jones Act (Seamen's Injury Law)

The Jones Act is the common name for the part of federal maritime law that protects injured seamen. It is now codified at 46 U.S.C. 30104. The statute says a seaman injured in the course of employment, or the personal representative of a seaman who dies from the injury, may bring a civil action at law, with the right of trial by jury, against the employer. It borrows the rules of the Federal Employers' Liability Act, which covers railroad workers, so an employer can be liable if its negligence played any part in the injury.

The law matters because seamen are generally not covered by state workers' compensation. Instead, they have three main remedies: a Jones Act negligence claim, an unseaworthiness claim if the vessel or its equipment was not reasonably fit, and "maintenance and cure," which requires the employer to pay basic living expenses and medical care until the worker reaches maximum recovery, regardless of fault. To qualify as a seaman, a worker usually must contribute to a vessel's work and have a substantial connection to a vessel that is in service on the water.

Deadlines are strict. Under 46 U.S.C. 30106, a civil action for personal injury or death arising out of a maritime tort generally must be brought within 3 years. Jones Act cases are individual lawsuits, but related wage and hour or benefits disputes involving crews can sometimes proceed as group actions.

Injured offshore, fishing, tug, or cruise workers should keep incident reports, medical records, and pay records. Our guides on how to sue a company and class action versus individual lawsuit explain the options, and see the FELA entry for the related railroad law.