Jones Act Claims
Injured While Working at Sea? You May Be Protected Under the Jones Act
Life at sea is demanding and dangerous. The Jones Act exists to protect seamen injured on the job by allowing them to sue their employer for negligence. At Sher & Volk P.A., we help injured maritime workers nationwide understand their rights and pursue full compensation under federal maritime law.
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Who Qualifies as a Seaman?
To qualify for Jones Act protections, you must:
• Spend at least 30% of your time working on a vessel in navigation
• Be directly contributing to the vessel’s function or mission
• Be employed by the vessel operator or related entity
This includes crew on cargo ships, tankers, cruise ships, tugboats, fishing boats, and more.
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Your Rights Under the Jones Act
• Sue Your Employer for Negligence: Even minor employer negligence that contributes to your injury creates liability
• Maintenance & Cure: You are entitled to daily living expenses and medical treatment until maximum medical improvement
• Unseaworthiness Claims: If the vessel or its equipment was unsafe, you may have an additional claim
• Punitive Damages: Available in some cases if your employer willfully denied maintenance & cure
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Common Causes of Seaman Injuries
• Unsafe working conditions
• Inadequate crew or training
• Equipment failure or lack of maintenance
• Slip and fall hazards
• Assaults by coworkers or passengers
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Time Limits Matter
You have 3 years from the date of injury to file a Jones Act lawsuit. But evidence can disappear quickly at sea. The sooner we can investigate, the better.
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Why Choose Sher & Volk for Your Jones Act Claim?
• We specialize in maritime law
• We understand vessel operations and safety standards
• We fight for full maintenance and cure — and then some
• We are trial-ready and not afraid of complex litigation
Your employer has lawyers protecting its interests. You should too.
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Common Defenses Employers Use — And How We Fight Back
Maritime employers and their insurers often rely on a predictable playbook to minimize or deny Jones Act claims. Understanding these tactics is key to building a successful case:
• "You were responsible for your own injury." Employers often claim the seaman was careless or failed to follow safety procedures. But under the Jones Act, even slight employer negligence creates liability. We dig into training records, safety logs, and maintenance reports to show systemic failure.
• "The vessel wasn’t unseaworthy." Vessel owners routinely deny that defective equipment or poor conditions played a role. We work with maritime experts to inspect the vessel and demonstrate hazards that made it unsafe.
• "You’re not really a seaman." Some companies argue the worker wasn’t a Jones Act seaman to begin with. We counter this by proving how much time the individual spent onboard and how closely their work related to the vessel’s function.
• "Your injury happened off duty." Injuries that happen in crew quarters or while walking between work areas may still qualify for compensation. We reconstruct timelines and interview witnesses to build a clear narrative of employer responsibility.
Sher & Volk has the litigation experience and investigative resources to challenge these defenses head-on — and win.
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Illustrative Example: Cargo Deck Fall
Picture a veteran deckhand on a cargo ship during a transatlantic voyage. He slips on a slick oil patch while securing lines on deck — an area that hadn’t been cleaned in over 48 hours. He breaks his wrist and injures his back. The company claims the fall was his own fault. But inspection logs and crew statements reveal repeated complaints about poor housekeeping.
We build a case showing the company ignored known safety hazards, failed to enforce cleanup policies, and didn’t provide adequate traction gear. The result? A strong Jones Act and unseaworthiness claim — with real leverage in negotiation or trial.
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Types of Vessels Covered Under the Jones Act
The Jones Act applies to a wide range of vessels operating in navigable waters, including:
• Cargo Ships and Container Vessels: Essential for global trade, these ships rely on deckhands, engineers, and mates.
• Cruise Ships: From housekeeping staff to navigational crew, cruise workers face unique risks.
• Tugboats and Barges: Often operating in inland or coastal waters, these vessels involve heavy manual labor in hazardous environments.
• Fishing Boats and Trawlers: Crew face rough seas, sharp tools, and physically demanding work.
• Ferries and Water Taxis: Common in harbor cities, they must be properly staffed and maintained to avoid injury.
• Oil Rigs and Drillships (in some cases): Depending on function and mobility, certain offshore platforms may also qualify.
If you work aboard a vessel like one of these — and spend a substantial part of your duties at sea — you may qualify for full protection under the Jones Act.
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Frequently Asked Questions
Do I qualify under the Jones Act if I’m an international crewmember? In many cases, yes. If you work on a U.S.-based vessel or one that calls on U.S. ports and spend significant time at sea, you may still qualify. However, your employment contract might contain a forced arbitration clause or specify foreign law — which we can challenge.
Can my employer force me into arbitration? Many crewmember contracts include arbitration clauses, often requiring proceedings in foreign jurisdictions. These may limit your rights under U.S. law. We have successfully contested unfair clauses in U.S. courts when they are unreasonable or violate public policy.
What compensation can I recover under the Jones Act? You may recover damages for medical bills, lost wages, loss of earning capacity, pain and suffering, and more. You are also entitled to "maintenance and cure" benefits while you recover — regardless of who was at fault.
What is the difference between the Jones Act and a workers’ compensation claim? The Jones Act allows you to sue for negligence and receive full tort damages — unlike workers’ comp, which only provides limited no-fault benefits. It's often a more powerful legal tool if you qualify as a seaman.
Do I have to be a U.S. citizen to file under the Jones Act? No. The Jones Act protects all qualifying seamen, regardless of nationality, as long as the vessel and employment relationship meet jurisdictional requirements. We've represented crewmembers from around the globe.
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Speak to a Jones Act Attorney Today
If you’re a seaman injured on the job, don’t wait. Contact Sher & Volk for a free consultation. We’ll explain your rights, handle your claim, and pursue the compensation you’re owed under the law.
