100% Free Consultation (888) 493-1629

Maritime Injury FAQ

Am I Covered Under the Jones Act?

The Jones Act applies to seamen who are working in service to a vessel in navigation.

This does not mean that the vessel must be moving, it simply means the vessel must be in active operation. To qualify as a Jones Act seaman, an employee must have a substantial connection to a single vessel or fleet of vessels. The Jones Act requires that the injured seaman prove that negligence of the vessel owner, master, crew member, employer, or an unsafe condition caused or contributed to his or her injury.

To be eligible for compensation under the Jones Act, you need to qualify as a "seaman."

Generally speaking, this means you must have been assigned to a vessel or fleet in operation on a navigable waterway, and your duties must have contributed to the vessel's function. A seaman must spend at least 30% of his or her working service on the vessel. For instance, deckhands, engineers, cooks, and housekeeping stewards can all qualify as seamen under the law, as can many workers on offshore oil rigs.

If you are an offshore worker and are injured on the job, then you can be covered under the Jones Act if employer negligence is proven. If you are not on a vessel at least 30% of your work hours, but you were in an adjacent field, another maritime law may apply to you.

Can the Jones Act Cover Dockside Workers' Injuries?

The Jones Act can provide financial relief if you had a "substantial connection" to the ship you were working on. In other words, you need to have spent a significant amount of time on the vessel and contributed to the functioning of the vessel. Typically, if you spent at least 30% of your working time on the vessel, then you qualify and are entitled to Jones Act rights.

If your duties primarily were carried out on land, and you were on the ship only briefly during the course of your work, the Jones Act likely won't provide relief. However, dockworkers, ship repairers, shipbuilders, and harbor construction workers may have other legal options available to them, such as the remedies offered by the Longshore and Harbor Workers' Compensation Act (LHWCA).

This act provides protection for employment related injuries of sea workers or workers of "adjoining areas." Those covered under LHWCA are employees who work on navigable waters of the United States but also those who work in adjoining areas. These adjoining areas include loading, unloading, repairing, and building of said vessels. There is also provision for families under this act if an adjoining worker is killed on the job. Those employees covered under the act receive a compensation rate of 66 2/3% of their average weekly wages.

Although as a dockside worker you would not be covered under the Jones Act, unless of course you spent at least 30% of your time on the vessel, there is still provision for compensation after a work-related injury. If there is still doubt as to whether you are covered under some time of maritime law, it is best to consult a trusted attorney.

If you can obtain a settlement in a Jones Act case, this means your lost wages will likely be covered. You may also be entitled to compensation for pain, medical care, and cost of living during recovery. Call us now at (888) 493-1629 for help.

Case Results

Check Out Our Victories

  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $222 Million Record-Breaking Verdict for Widow Our firm won $222 million for a woman who lost her husband in an industrial accident caused by a faulty valve. We took the case to trial because the at-fault company refused to take responsibility. The jury saw through the corporate lies and double ...
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
See All Results

Arnold & Itkin is the best for your case if you're injured by a work injury. They’ll fight for you. They’re fighting against, you know, a billion dollar company. They did, I felt, anything and everything they could possibly do to get out of it. They just kept shutting them down.

Shawn Workplace Explosion Victim

Secure Your Future & Request a 100% Free Consultation

  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please make a selection.
  • Please enter a message.