Who is a Seaman? Jones Act Maritime Law
Because seaman’s injuries can be quite severe and life altering, the Jones Act was created to recognize the danger of the work and provide full compensation upon injury. To qualify for coverage under the Jones Act, an individual must meet the criteria to be defined as a “seaman.”
The definition of a seaman is an individual more or less permanently assigned to a vessel or fleet of vessels in navigation. Case law has held that as long as an individual works at least 30 percent or more of his time aboard a vessel or vessels, they meet the first criteria of being “more or less permanently assigned”. For the second criteria, the United States Supreme Court has issued a decision stating that any structure typically capable of navigation may meet the definition of a vessel under the Jones Act for purposes of seaman status. Typically the “in navigation" requirement will easily be met as the definition has been broadly defined.
Workers typically included in the Jones Act are merchant mariners, fisherman, tug boat workers, barge workers, cruise ship workers, ferry boat workers, construction workers on vessels or barges, commercial divers and some oil platform workers.
If you have received an injury at sea and have questions regarding your possible status as a seaman under the Jones Act and Maritime Law, an attorney with the Burwell Nebout Law Firm has the specialization necessary to discuss the requirements as they apply to your case.
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