Jones Act claim evaluator

Legal information only. This tool screens Jones Act eligibility based on general criteria. Maritime law is complex and jurisdiction-specific. Always consult a licensed maritime attorney. See our full disclaimer.

Jones Act eligibility screener

Your Jones Act evaluation

What is the Jones Act?

The Jones Act (46 U.S.C. § 30104) is a federal law giving injured seamen the right to sue their employer for negligence. It's one of the most powerful personal injury statutes in U.S. law. A seaman only needs to prove that employer negligence played even the slightest role in causing the injury - a much lower standard than ordinary negligence.

The Jones Act is separate from workers' compensation. Seamen aren't covered by standard state workers' comp. Instead, they have 3 overlapping legal remedies: Jones Act negligence, unseaworthiness, and maintenance and cure. Most maritime attorneys pursue all 3 simultaneously.

Who qualifies as a seaman

To be a seaman under the Jones Act, you must spend at least 30% of your work time in service of a vessel in navigation, and have a substantial connection to a specific vessel or identifiable fleet. This covers deckhands, engineers, captains, offshore oil rig workers on floating platforms, fishing boat crew, and tugboat workers, among others.

It doesn't cover dock workers, harbor workers, or land-based employees - those workers are covered by the Longshore and Harbor Workers' Compensation Act (LHWCA).

Maintenance and cure

Regardless of fault, an injured seaman is entitled to maintenance (a daily living allowance) and cure (medical treatment) until reaching maximum medical improvement. Employers who wrongfully withhold these benefits can face additional punitive damages. Use the maintenance and cure estimator to calculate what you're owed.

Three-year statute of limitations

Jones Act claims must be filed within 3 years of the injury. This is longer than most personal injury SOLs, but don't wait. Evidence disappears, witnesses move on, and vessel logs get destroyed. Contact an attorney as soon as possible after a maritime injury.

Frequently asked questions

It depends on the platform type. Workers on jack-up rigs, semi-submersibles, and drillships that move from location to location are generally covered by the Jones Act as seamen. Workers on fixed platforms permanently attached to the seabed are typically covered by the OCSLA and LHWCA instead. The distinction matters enormously and an attorney can determine which law applies to your situation.

Seamen are not covered by state workers' compensation. The Jones Act is the equivalent for maritime workers. You can't collect both. However, if you're unsure whether you qualify as a seaman or a harbor worker, an attorney will determine which system applies - and they pursue the one with the highest recovery potential for your situation.

Jones Act damages include past and future medical expenses, lost wages and earning capacity, pain and suffering, and disability. Combined with an unseaworthiness claim against the vessel owner, damages can be substantial. Maintenance and cure is an additional no-fault remedy owed regardless of how the accident happened.

Comparative fault applies in Jones Act cases, meaning your damages are reduced by your percentage of fault. But even if you're 90% at fault, you can still recover 10% of your damages. The employer's negligence only needs to play any part in causing the injury - even 1% - for the Jones Act to apply. Employer blame-shifting is common and an experienced maritime attorney knows how to counter it.

Jones Act cases can be filed in federal or state court, and seamen can choose either. This gives maritime attorneys flexibility to pick the most favorable jurisdiction. Cases can also be tried to a jury in state court, which is often preferable for seamen. Your attorney selects the best venue based on where the injury occurred, where the vessel is registered, and where the employer does business.