Jones Act & Maritime Injury Claims

The Jones Act, enacted by Congress, is a critical law that protects the rights of individuals who are members of a ship or vessel’s crew. Whether you work on inland riverboats or offshore platforms like jack-up rigs, semi-submersibles, barges, drill ships, crew boats, or even recreational vessels, the Jones Act provides vital legal protections for maritime workers injured or made ill during the course of their employment.

Coverage Under the Jones Act

The Jones Act applies to a wide range of maritime workers, including those on vessels such as:

  Offshore rigs and vessels (jack-up rigs, drill ships, tankers, cargo ships, tugboats, etc.)
  Inland river vessels
  Fishing boats, research vessels, and recreational boats
  Floating platforms, construction barges, and diving vessels

Under 46 U.S.C. 688 (1970), workers who are injured or fall ill while serving on a vessel are entitled to compensation, even if their employer or vessel owner is not at fault.

Maintenance and Cure

One of the key provisions of the Jones Act is the right to maintenance and cure for injured maritime workers. These benefits are provided regardless of fault and include:

Maintenance: A daily allowance designed to cover the cost of living expenses (such as food, lodging, and utilities) while you are recovering from your injury or illness. There is no set rate for maintenance; the amount varies depending on the circumstances of the case.

Cure: The vessel owner or employer is responsible for covering the medical expenses related to the injury or illness until the injured party reaches maximum medical improvement. This means that once a doctor determines that the worker’s recovery has plateaued and no further treatment will improve their condition, the obligation to provide maintenance and cure ends, regardless of whether the injured worker is able to return to work.

Who Is Considered a Seaman?

Under the Jones Act, a seaman is anyone who works as a member of the crew on a vessel engaged in maritime work. This includes workers on:

  Offshore vessels (e.g., drill ships, jack-ups, tankers, cargo ships)
  Inland riverboats and barges
  Fishing vessels, cruise ships, research vessels, and diving vessels

If you are a seaman and have been injured while working on a vessel, you may be eligible for compensation under the Jones Act.

Unseaworthiness Claims

In addition to the rights provided under the Jones Act, maritime workers may pursue a claim for unseaworthiness. Maritime law mandates that vessel owners ensure their vessels are seaworthy, which means they must be fit for work and adequately equipped with safety gear. If a vessel is found to be unseaworthy, the injured worker can file a claim against the vessel owner for damages.

Unseaworthiness claims may arise from unsafe conditions aboard the vessel, defective equipment, or hazards created by the crew. These claims are typically combined with a Jones Act claim and must be filed within three years from the date of the injury.

Longshore and Harbor Workers' Compensation Act (LHWCA)

The Longshore and Harbor Workers' Compensation Act (LHWCA) provides compensation and medical benefits to workers who are injured while working on navigable waters in the U.S. or in adjoining areas such as docks or piers. This includes workers involved in:

  Loading, unloading, repairing, or building vessels
  Ship repairers, shipbuilders, and longshore workers

The LHWCA also covers the dependents of workers whose injuries result in death

Get Legal Help Today

If you or a loved one has been injured due to the negligence of a vessel owner, employer, or another party, you have the right to seek compensation. Whether you’re covered under the Jones Act, have a claim for unseaworthiness, or qualify for benefits under the LHWCA, it’s essential to consult with an experienced maritime attorney to fully protect your rights.

At Giddens & Burns, we offer a free case evaluation to discuss your situation and explore your options. Don’t wait—call us today at 713-947-0001 or fill out our online contact form.