Determining Jones Act Seaman Status

Under the Jones Act, seamen are entitled to a range of benefits and protections, including the right to sue their employers for negligence.

To be considered a seaman under the Jones Act, a worker must meet certain criteria. These criteria include:

1. Employment on a Vessel: The worker must be employed on a vessel that is in navigation, meaning that it is afloat, in operation, and on navigable waters. The vessel can be a ship, barge, tugboat, or any other type of watercraft.

2. Substantial Connection to the Vessel: The worker's job duties must contribute to the function or mission of the vessel, and they must have a significant connection to the vessel in terms of time and duration.

3. Contribution to the Function of the Vessel: The worker's job duties must be related to the vessel's operation or mission, such as navigation, maintenance, or cargo handling.

4. Navigable Waters: The vessel must be operating on navigable waters, which means waters that are capable of being used for interstate or foreign commerce.

5. Employer's Control: The worker must be under the control of the vessel's owner or operator, meaning that they must be subject to the employer's orders and direction.

6. Consideration: The worker must receive some form of compensation in exchange for their work on the vessel.

These factors are not always clear-cut, and courts will often consider additional factors when determining seaman status. For example, courts may look at the worker's role in the vessel's overall mission, the degree of control the employer has over the worker and the worker's history of employment on the vessel. Defendants will hire expensive lawyers to fight you concerning your Jones Act Seaman status. The difference between being a Jones Act Seaman and not is potentially worth millions of dollars.

If a worker is found to be a seaman under the Jones Act, they are entitled to a range of benefits and protections, including the right to sue their employer for negligence. This can include compensation for medical expenses, lost wages, pain and suffering, and other damages.

In conclusion, the Jones Act provides important protections for maritime workers, but determining seaman status can be a complex legal process. If you are a maritime worker who has been injured on the job, call Ryan Pigg at (855) 713-PIGG for help understanding your rights under the law and pursue the compensation you deserve.