Maritime Injury Lawyer

A maritime injury lawyer represents seamen and other maritime workers injured in the course of their work, with a particular focus on claims arising under the Jones Act and general maritime law. This guide focuses specifically on the Jones Act claims process for injured seamen. For a broader look at offshore and maritime injury claims generally, see our maritime accident lawyer guide and our Jones Act and seaman's injury rights guide. This is general legal information, not legal advice about any specific injury.

Who the Jones Act Covers

The Jones Act, 46 U.S.C. § 30104, applies to "seamen" — a legal status that depends on a worker's job duties and connection to a vessel, not simply their job title. Under the two-part test from Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), a worker generally qualifies as a seaman when their duties contribute to the function of a vessel or the accomplishment of its mission, and they have a connection to a vessel in navigation (or an identifiable fleet of vessels under common ownership or control) that is substantial in both duration and nature. This can include deckhands, engineers, captains, and other crew members aboard tugboats, offshore supply vessels, fishing vessels, cargo ships, and similar craft.

What Makes a Jones Act Claim Different

Unlike most land-based employees, who are generally limited to state workers' compensation benefits regardless of employer fault, an injured seaman can bring a negligence claim directly against their employer under the Jones Act. The standard of causation in a Jones Act negligence case is often described as relatively relaxed compared to ordinary negligence claims — a plaintiff generally need only show that employer negligence played some part, even a slight part, in causing the injury, a standard that traces back to the "featherweight" causation standard recognized in maritime negligence case law.

Three Potential Claims for an Injured Seaman

An injured seaman may potentially have up to three distinct legal claims arising from the same accident:

1. Jones Act negligence — a claim that the employer's negligence caused or contributed to the injury.
2. Unseaworthiness — a general maritime law claim that the vessel, its equipment, or its crew was not reasonably fit for its intended purpose, a duty owed by the vessel owner independent of fault. See Mitchell v. Trawler Racer, Inc., 362 U.S. 539 (1960).
3. Maintenance and cure — a no-fault benefit covering daily living expenses and medical care while the seaman recovers, owed regardless of who caused the injury. See our maintenance and cure guide.

Our guide to Jones Act vs. general maritime law explains how these claims relate to and differ from one another in more depth.

What a Maritime Injury Lawyer Does

A maritime injury lawyer's work in a Jones Act case typically includes evaluating seaman status, investigating the vessel's condition and the employer's safety practices, gathering evidence of negligence or unseaworthiness, pursuing maintenance and cure while the broader claim develops, and negotiating or litigating the claim. Because employers and their insurers often dispute seaman status or the extent of negligence, thorough investigation and documentation are typically central to these cases.

Evidence in a Jones Act Claim

Evidence commonly used to support a Jones Act or unseaworthiness claim includes vessel logs, maintenance and inspection records, incident reports, witness statements from other crew members, photographs of the accident scene or defective equipment, medical records, and, in more complex cases, expert testimony on vessel condition, safety standards, or accident causation.

Employer Defenses

Employers and their insurers commonly raise defenses in Jones Act cases, including disputing seaman status, arguing the injured worker's own negligence contributed to the accident (which, under maritime comparative fault principles, may reduce but does not necessarily eliminate recovery), or arguing that the vessel was in fact seaworthy. A maritime injury lawyer typically anticipates and addresses these defenses as part of building the claim.

Compensation in a Jones Act Claim

Compensation in a successful Jones Act or unseaworthiness claim may potentially include past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, and, for surviving family members in a fatal accident, wrongful death damages. Maintenance and cure is generally recovered separately from these categories. No specific amount can be predicted without a full case evaluation; see our guide to how offshore injury settlements are calculated for the general factors involved.

Statute of Limitations for Jones Act Claims

A Jones Act claim is generally subject to a three-year statute of limitations, running from the date of the injury. Missing this deadline can permanently bar an otherwise valid claim. See our offshore accident statute of limitations guide for more detail, and confirm the applicable deadline for your specific situation with an attorney.

Getting Legal Guidance

This article provides general legal information about Jones Act and maritime injury claims and does not constitute legal advice for any specific situation. Laws vary by jurisdiction and by the facts of each case, and only a qualified attorney reviewing the specific circumstances can advise on the rights and options that may apply.

This article is general legal information, not legal advice, and does not guarantee any particular outcome. No attorney-client relationship is created by reading this page.