Basics of Offshore Injury Cases Under the Jones Act

If you’re a seaman who has experienced an offshore injury due to employer negligence, you may be entitled to compensation. While offshore workers don’t typically receive the same workers’ compensation benefits as land-based workers, they do receive protections and comparable compensation under a maritime law, called the Jones Act.

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Below, we’ll cover the ins and outs of the Jones Act and discuss some common offshore injuries to help you better understand your rights and receive the compensation you deserve.

What is the Jones Act?

In 1920, Congress enacted the Merchant Marine Act, better known as the Jones Act. The Act gives a right of personal injury recovery for any offshore injury or illness that a seaman suffers as a result of their employer’s negligence, so long as it occurs in the scope of their employment.

A maritime employer is liable to its employees under the Jones Act for the negligence of its other employees in failing to provide a safe work environment and in issuing improper orders that led to an accident.

If you have any questions about the Jones Act, contact the experienced personal injury lawyers at Armstrong Lee & Baker LLP today.

Who Qualifies as a Seaman?

Generally, a seaman (or seawoman) is any person who goes offshore as a member of a ship’s crew and whose work aboard the ship contributes to the ship’s objectives. Examples include fishermen, offshore oil rig workers, deckhands, and cargo and tugboat crews.

Generally, seamen must spend at least 30% of their working time on a ship to qualify under the Jones Act. Maritime workers who acquire seaman status do not lose that status simply because they are working onshore.

Seamen are covered under the Jones Act whenever and wherever they are injured, including onshore, as long as the injury occurred while the seaman was in the service of their vessel and acting in the scope of their employment.

When can a Seaman File Suit Under the Jones Act?

Seamen are obligated under the Jones Act to act with ordinary care under the circumstances while performing their job. When a seaman is injured during his employment, the Jones Act allows the seaman to sue his employer for negligence.

Seamen can bring personal injury claims for industrial accidents and perils of the sea, as well as assaults by officers or other crew members. For a seaman to succeed on a Jones Act claim against his employer, he must prove that the employer’s negligence caused his injuries. However, the seaman only needs to show the slightest evidence that negligence played some part in causing his offshore injuries— even if the seaman is partly at fault. As long as there is some employer negligence, he can bring a Jones Act claim. What Qualifies as an Offshore Injury?

Offshore workers are often exposed to heavy machinery, flammable materials, hazardous environments, and even toxic chemicals that can pose a risk. Therefore, the Jones Act covers a wide range of offshore injuries and illnesses resulting from negligence, including both sudden and gradual conditions.

Some common offshore injuries include:

Falls, slips, and trips on decks
Neck, back, and shoulder injuries associated with heavy lifting
Burns from fires and explosions
Head trauma and concussions
Crushing injuries, broken bones, and amputations
Man-overboard injuries
Respiratory conditions and illnesses due to exposure to toxic substances
Hearing loss due to exposure to loud noises
Emotional distress or PTSD due to a maritime incident

While the Jones Act covers many offshore injuries, it does not cover deaths. If a seaman dies from an injury sustained on the job, lost earning capacity isn’t available under the Jones Act because damages are limited to only losses suffered during the seaman’s lifetime.

An Employer’s Requirements Under the Jones Act

Under the Jones Act, a maritime employer is required to use reasonable care in providing seamen with a reasonably safe place to work.

Some examples of unsafe working conditions include the following:

Slippery substances on the decks
Faulty, broken, or improper equipment
Inappropriate training of the seaman, captain, or crew
Unsafe work method
Improper orders or supervision
Negligence of the seaman’s co-workers
Assaults by a crew member

Contact a Maritime Injury Lawyer Today

Seamen can choose to file a Jones Act lawsuit in either state or federal court, but the Jones Act claim must be filed within three years of the date of the injury.

In a successful Jones Act case, a seaman may be awarded damages including past and future pain and suffering, medical expenses, and mental anguish, as well as compensation for any lost earnings and lost earning capacity.

However, if a seaman dies from an injury sustained on the job, lost earning capacity isn’t available under the Jones Act because damages are limited to only losses suffered during the seaman’s lifetime.

Cases and claims involving offshore injuries can implicate complex issues of state and federal law. It is important to consult an attorney who is experienced with offshore injury cases.

The lawyers at Armstrong Lee & Baker LLP are knowledgeable of and experienced with, the intricacies of the Jones Act and maritime law. Call 832-402-6637 today for a free consultation regarding your offshore injury claim.

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Scott Armstrong

Scott Armstrong is the Managing Partner and co-founder of Armstrong Lee & Baker LLP. Known for his strategic insight and relentless pursuit of justice, Scott personally guides the firm’s approach to complex cases, including catastrophic injuries, vehicle accidents, workplace injuries, and product liability. His leadership has created a culture where excellence, innovation, and dedication to client success are paramount, and his influence is evident in every case the firm handles, often resulting in hundreds of millions recovered for clients.