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Learn More >>Jones Act Seaman
Jones Act Seaman
A seaman may be any person who is employed at sea. However, for the purposes of the Jones Act, there are more criteria that must be met for a person to be determined as a seaman.
For a seaman to qualify under the Jones Act, he must fulfill 3 essential criteria to qualify for status, and all the rights and privileges it includes.
A Jones Act Seaman Must be Assigned to a Vessel.
This is the first criterion that the seaman must meet. What this means is that the worker must be assigned to a vessel, or a fleet of vessels under common ownership. Someone who works as a freelancer on several different vessels for several different employers, may not be able to show the relationship with a single vessel that the Jones Act requires.
The Vessel Must be in Navigation.
Every tugboat, barge, casino boat or rig will not qualify as a vessel in navigation. Broadly, a vessel must not be moored permanently to a dock, and must not be connected to land-based utilities. For instance, a permanently moored casino boat or barge may not meet the definition of being in "navigation." Navigable waters don't have to be ocean waters. Vessels on rivers or inland waterways may also qualify as Jones Act vessels, and workers on these may qualify as Jones Act seamen.
The Seaman Must Have a Substantial Connection With the Vessel.
This doesn't mean that the seaman has to spend 100 percent of his time on the vessel. However, it does mean that he must spend a substantial amount of time on the vessel, and must contribute to the livelihood of the vessel, or its function. A seaman who has spent 30 percent of his employment on a vessel may qualify as a Jones Act seaman.
The complexities of the Jones Act arise from the fact that it did not define the nature and occupation of a Jones Act seaman. This has led to more and more workers being brought under the purview of the Act over time. A worker doesn't have to be involved in the actual navigation and operation of the vessel to be considered a seaman. He can be involved in other occupations, and meet the criteria under the Act. Over the years, chefs, waiters, card dealers, cooks, entertainers and others have joined the ranks of workers who qualify as Jones Act seaman.
The maritime attorneys at Schechter McElwee Shaffer and Harris, LLP have represented hundreds of injured deckhands, roustabouts, tankermen, oil rig and offshore workers, cruise ship and commercial fishing vessel crews, barge operators, tugboat workers and other workers who meet the definition of a Jones Act Seaman. If you have suffered an injury at sea, contact an experienced maritime lawyer at our offices. There's no fee for an initial consultation, and you don't pay us anything till we win your claim for you.
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