A Jones Act claim is a lawsuit by a seaman against the employer for an injury caused by the employer’s negligence, brought under the federal statute at 46 U.S.C. § 30104. It exists because crew members are not covered by ordinary workers’ compensation in the way shoreside employees are, so Congress gave them a direct right to sue.
Blank Kim Injury Law represents crew members from Northern Virginia and their families from our Fairfax office. We determine whether you qualify as a seaman, protect the claims that come with that status and pursue them against the employer and the vessel owner. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Who qualifies as a seaman under the Jones Act
Only seamen can bring a Jones Act claim, and the courts decide seaman status from what you actually did, not from your title or your paperwork. In general terms, courts look at questions like these:
- Did your work contribute to the function of a vessel or the accomplishment of its mission?
- Was your connection to a vessel, or a fleet of vessels under common ownership or control, substantial in both how long and how often you worked aboard?
- Was the vessel in navigation, rather than permanently moored or taken out of service?
- Did your duties regularly expose you to the hazards of the sea, rather than those of shore work?
Deckhands, mates, engineers, cooks, tankermen and captains on tugs, barges, dredges, research boats, ferries and fishing vessels are often seamen. A worker who only occasionally sets foot on a vessel usually is not, and may be covered by the Longshore and Harbor Workers’ Compensation Act or by Virginia law instead. Borderline cases are common, and the answer can decide the whole claim.
The three claims an injured seaman usually has
An injured crew member often has more than one claim arising from the same accident. They work differently, and each has to be protected.
| Claim | What it is about | Does fault matter? |
|---|---|---|
| Jones Act negligence | The employer, or someone it is responsible for, failed to use reasonable care and that contributed to the injury | Yes, the employer’s negligence must be shown |
| Unseaworthiness | The vessel, its equipment or its crew were not reasonably fit for their intended use | Focuses on the condition of the vessel rather than on anyone’s carelessness |
| Maintenance and cure | Living expenses and medical care while the seaman recovers from an illness or injury that arose in the vessel’s service | Generally owed regardless of fault |
These descriptions are general. The exact standards come from federal statutes and a long line of court decisions, and how they apply depends on the facts of the voyage, the vessel and the employment.
Examples of employer negligence in Jones Act cases
Jones Act cases usually come down to what the company did or failed to do. Common examples include:
- Running a crew short-handed, so each person carries more than can be done safely
- Poor training, especially for line handling, towing and cargo work
- Failing to repair known hazards such as broken nonskid surfaces, leaking hydraulics or faulty winches
- Ordering work in weather or sea conditions that were not safe for the task
- Not providing proper personal protective equipment, lighting or fall protection
- Fatigue from schedules that leave the crew without enough rest
- Failing to respond properly to a medical emergency or delaying evacuation
The injuries that follow range from broken hands and crushed fingers to amputations, spinal injuries and brain injuries.
Maintenance and cure while you recover
Maintenance is a daily payment toward food and lodging while an injured seaman is off the vessel and recovering. Cure is payment for reasonable medical care. Both are traditional maritime obligations, and they generally continue until the seaman reaches the point where further treatment will not improve the condition.
Disputes over maintenance and cure are common. Employers sometimes set the daily rate too low, stop payment early, question whether an injury happened in service, or push the seaman toward a company doctor. If your payments have stopped or you are being told treatment is no longer needed, have that decision reviewed. Federal maritime law also has its own approach to how a seaman’s own fault affects recovery, which differs from Virginia’s contributory negligence rule, so do not assume a share of blame ends the claim.
What to do after you are hurt aboard a vessel
- Report the injury to the captain or mate as soon as you can, and make sure it is entered in the vessel’s log or accident report.
- Get medical care. You generally have a say in who treats you, even if the company suggests its own doctor.
- Write down the names of the crew members who saw the accident, and what they saw.
- Take photographs of the area, equipment or weather conditions involved, if it is safe.
- Do not sign a statement, release or settlement from the company or its insurer until you understand it.
- Keep your pay records, trip reports and every document about maintenance and cure payments.
Crew members are sometimes asked for a detailed statement while still in pain or on medication. You can decline until you have had advice.
How long a seaman has to file
Personal injury claims under federal maritime law, including Jones Act claims, generally must be filed within three years of the injury, under 46 U.S.C. § 30106. Three years sounds long, but several things can cut into it:
- Evidence such as logs, video and electronic navigation records can be overwritten long before a suit is filed.
- Crew members scatter to other vessels and other jobs, and witnesses become hard to find.
- A vessel owner can start a federal proceeding to limit its liability, which sets its own short deadline for filing claims in that case.
- Maintenance and cure disputes need attention while you are still in treatment, not years later.
If the claim involves a death at sea, different federal rules can apply to the family. Our wrongful death page is a starting point, and we can explain which rules apply to your situation.
Jones Act claims for Northern Virginia crew members
Many people who live in Fairfax, Prince William and Loudoun counties work on vessels that operate far from home, on hitches of weeks at a time along the Potomac, the Chesapeake Bay and the Atlantic coast. When they come home injured, the employer, the vessel owner and the insurer may be in another state. A Jones Act claim can often be filed in more than one court, and choosing where to file is part of the strategy.
Our Fairfax office is open 24 hours a day, and we can review a case by phone while you are still recovering. Crew members on tugs and barges will find more detail on our barge and tugboat accident page.
