Are You a Seaman?
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Legally Reviewed By
The United States Supreme Court defined a “Jones Act” seaman in Chandris v. Latsis, 515 U.S. 347 (1995) as an officer, crewmember or worker who spends 30 percent or more of his or her time aboard a vessel in navigable waters. This means that the Jones Act covers the regular crewmembers but also any person aboard the vessel which is regularly employed to perform duties that contribute to the single vessel or fleet of vessels’ function.
What Constitutes Seaman Status under the Jones Act?
Generally, Courts use a three part test to determine seaman status. First, a seaman must work aboard a vessel on navigable waters. Courts vary in their definition of navigable waters, some consider a navigable waterway to be essentially any body of water in which a vessel can be transported. Other Courts have narrowly construed navigable waters and do not include inland lakes or waterways.
Second, a seaman must spend 30 percent of his time aboard a vessel and perform duties that contribute to the function of the vessel. Therefore, a seaman does not need to be a worker that always works aboard vessels but it can be one that occasionally works aboard vessels and contributes to the function of the vessel.
Third, as mentioned above, a seaman must contribute to the function of the vessel. This means that the worker’s duties must in some way relate to the operation of the vessel. It is not sufficient that the seaman or crewmember be a mere passenger. The seaman must be actively contributing to the daily function and operation of the vessel. The court will look at the duties that the seaman performed while aboard the vessel to determine whether it fits the criteria of contributing to the function of the vessel.
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As a Seaman, What Are my Rights?
Under the Jones Act, seamen have certain rights including:
- Maintenance and Cure
- Recovery of damages for negligence against the seaman’s employer
- Recovery of damages caused by unseaworthiness of the vessel
- Medical expenses
- Compensation for lost wages
- Compensation for future economic loss
- Pain and Suffering
- Mental Anguish
- Disfigurement
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For a free consultation with an experienced Jones Act and maritime lawyer at Pierce | Skrabanek, please contact our law firm. We have obtained millions in settlements and verdicts for clients injured offshore.
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Real Results for Real Challenges
We know how tough things can get after an injury. That’s why we make your struggles our fight. With over three decades of combined experience, we’ve been the reliable allies our clients need, tackling financial hardships, physical pain, and major life changes. Our track record of successful verdicts and settlements speaks to our team’s passion and dedication to helping clients get the support and justice they need.
$11.6 Million Verdict in Catastrophic Injury Case
Summary: Served as trial counsel and obtained an $11.6 million jury verdict in a Houston, Texas case involving a worker who suffered a catastrophic injury that resulted in the loss of most of the sight in one of his eyes. The jury deliberated for only a day and a half before finding the defendant liable for designing a faulty piece of equipment that led to the injuries. The pretrial settlement offer was less than $300,000.
$14 Million Settlement in Jones Act Case
Summary: Settled a Jones Act case for $14 million two days before trial. Our client suffered a head injury on the Hercules 15 Inland Barge. The Hercules 15 was located in Lake Washington, Louisiana at the time of the incident. Hercules employees tack welded a three foot pipe to the derrick and then forgot to remove it before starting drilling operations. The pipe was jarred loose and hit the plaintiff in the head. The case was filed in Galveston County court in March 2008. The case was set for trial February 2, 2009. Hercules settled the entire case for $14 million on the eve of trial.
